Sharmilee vs Vijaykumar
2023 Latest Caselaw 807 Mad

                                                                             TR.C.M.P(MD).No.722 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                    DATED : 20.01.2023
                                                          CORAM:
                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI
                                              TR.C.M.P(MD).No.722 of 2022
                                             and C.M.P(MD).No.11441 of 2022

                     Sharmilee                                                       ... Petitioner
                                                            versus

                     Vijaykumar                                                      ... Respondent

                                  Transfer Civil Miscellaneous Petition filed under Section 24 of
                     Civil Procedure Code, to withdraw H.M.O.P.No.292 of 2022 on the file
                     of the Family Court, Dindigul and transfer the same to the file of the
                     Sub Court, Kulithurai for trial.


                                        For Petitioner         : Mr.D.Venkatesh
                                        For Respondent         : Mr.A.Chandrakumar


                                                           ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the case in H.M.O.P.No.292 of 2022 from the file of the

Family Court, Dindigul, to the file of the Sub Court, Kulithurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.722 of 2022

2. The petitioner is the wife and the respondent is the husband.

The marriage between the petitioner and the respondent was

solemnized on 30.10.2000, as per the Hindu Rites and Customs and out

of the wedlock, they are blessed with three children. Due to some

misunderstanding, now, they are living separately. Thereafter, the

respondent has filed H.M.O.P.No.292 of 2022 before the Family Court,

Dindigul, for restitution of conjugal rights. Now, the petitioner and her

children are living along with her aged mother at Marthandam. Since

the petitioner alone has to take care of her children and her aged

mother, she finds it difficult to travel from Marthandam to Dindigul.

Hence, she filed the present Transfer Civil Miscellaneous Petition to

transfer the case in H.M.O.P.No.292 of 2022 from the file of the

Family Court, Dindigul, to the file of the Sub Court, Kulithurai.

3.The learned counsel appearing for the petitioner submits that

the distance between Marthandam and Dindigul is around 316 kms. He

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.722 of 2022

further submits that she alone has to take care of her children and her

aged mother and there is no one to accompany her and therefore, she

finds it difficult to travel from Marthandam to Dindigul for appearing

before the Family Court, Madurai, for each and every hearing.

4. Heard the learned counsel appearing for the respondent.

5. The Hon'ble Apex Court in the case of Amitha Shah vs-

Virendar Lal Shah, reported (2003)10 SCC 609) has held that the

convenience of the wife and more so of the child must be taken into

account while deciding the petition for transfer and in the case of

Rajani Kishor Paradeshi Vs Kishor Babulal Paradeshi reported in

(2005) 12 SCC 237, the Hon'ble Apex Court has held that in such type

of transfer petitions, the convenience of the wife is to be preferred over

the convenience of the husband.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.722 of 2022

6. This Court being satisfied with the reasons stated in the

affidavit filed in support of this petition and also taking into

consideration that the convenience of wife is to be taken into

consideration at the time of considering transfer petitions as held by the

Hon'ble Supreme Court in the judgments cited supra, is inclined to

allow the present petition.

7. Though the relief is sought for in this petition to transfer

H.M.O.P.No.292 of 2022 from the file of Family Court, Dindigul, to

the file of Sub Court, Kulithurai and since the Family Courts are

established only for the purpose of dealing with the matrimonial issues,

this Court is inclined to transfer H.M.O.P.No.292 of 2022 from the file

of the Family Court, Dindigul, to the file of the Family Court,

Nagercoil.

12. Accordingly, the Transfer Civil Miscellaneous petition stands

allowed. The proceedings in H.M.O.P.No.292 of 2022 pending on the

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.722 of 2022

file of the Family Court, Dindigul, is withdrawn and ordered to be

transferred to the file of the Family Court, Nagercoil. The Family

Court, Dindigul, is directed to transmit the entire case records to the

Family Court, Nagercoil, forthwith. The learned Judge, Family Court,

Nagercoil, shall dispose of the case as expeditiously as possible. No

costs. Consequently, connected miscellaneous petition is closed.

20.01.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

To

1. The Family Court, Dindigul.

2. The Family Court, Nagercoil.

3. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.722 of 2022

B.PUGALENDHI, J.

ogy

TR.C.M.P(MD).No.722 of 2022

20.01.2023

https://www.mhc.tn.gov.in/judis