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Madras High CourtTR CMP(MD)/131/2022ordered

V. Baghyalakshmi Alias Gayathri, v. V. J. Vinothkumar,

2022-08-10Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD).No.2504 of 2022 V.Baghyalakshmi @ Gayathri ... Petitioner v.

V.J.Vinothkumar ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to withdraw the case in H.M.O.P.No.93 of 2022 on the file of the Family Court, Salem and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.K.Pandiarajan For Respondent : Mr.P.Pandi Rani 1/6

ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in H.M.O.P.No.93 of 2022 from the file of the Family Court, Salem to the file of the Family Court, Madurai.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 06.12.2019. Due to some misunderstanding, now, they are living separately and the respondent has filed H.M.O.P.No.93 of 2022 before the Family Court, Salem, seeking divorce. The petitioner is residing at Madurai in her parental house. Since the petitioner is not having sufficient means to travel and meet out her day-to-day expenses, she finds it difficult to travel from Madurai to Salem. Therefore, she filed the present Transfer Civil Miscellaneous Petition to transfer the case in H.M.O.P.No.93 of 2022 from the file of the Family Court, Salem, to the file of the Family Court, Madurai. 2/6

3. The learned counsel appearing for the petitioner submits that the respondent is not even providing any maintenance to the petitioner. The distance between Madurai and Salem is around 250 kms. He further submits that the petitioner is not having sufficient means to travel and meet out her day-to-day expenses and there is no one to accompany her. Therefore, she finds it difficult to travel and appear before the Family Court, Salem, 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 vsVirendar Lal Shah, reported in (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. 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 3/6

petitions, the convenience of the wife is to be preferred over the convenience of the husband.

6. This Court being satisfied with the reasons stated in the affidavit filed in support of this petition and also taking into account that the convenience of wife is to be taken into consideration at the time of considering transfer petitions as held by the Hon'ble Apex Court in the judgments cited supra, is inclined to allow the present petition.

7. In the light of the above, this transfer civil miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.93 of 2022 pending on the file of the Family Court, Salem, is withdrawn and ordered to be transferred to the file of the Family Court, Madurai. The learned Judge, Family Court, Salem, is directed to transmit the entire case records to the Family Court, Madurai, forthwith. The learned Judge, Family Court, Madurai, shall dispose of the same as 4/6

expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

10.08.2022 Index : Yes / No Internet: Yes / No gk To

1. The Family Court, Madurai.

2. The Family Court, Salem.

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B.PUGALENDHI, J.

gk 10.08.2022 6/6