G.Kanagavalli v. T.Prabhu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD).No.4629 of 2022 G.Kanagavalli ... Petitioner versus T.Prabhu ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to withdraw the case in H.M.O.P.No.4940 of 2021 on the file of the Family Judge No.IV, Chennai and transfer the same to the learned Subordinate Judge, Madurai.

For Petitioner : Mr.K.Jagadeesan For Respondent : Mr.P.Manimaran 1/6

ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in H.M.O.P.No.4940 of 2021 from the file of the learned Judge, Family Court No.IV, Chennai to the learned Subordinate Judge, Madurai.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 13.02.2013, as per the Hindu Rites and Customs. Due to some misunderstanding, now, they are living separately. Thereafter, the respondent has filed H.M.O.P.No.4940 of 2021 before the Family Court No.IV, Chennai, for divorce. Now, the petitioner is living along with her widowed mother at Virudhunagar. Therefore, she finds it difficult to travel from Virudhunagar to Chennai. Hence, she filed the present Transfer Civil Miscellaneous Petition to transfer the case in H.M.O.P.No.4940 of 2021 from the file of the learned Judge, Family 2/6

Court No.IV, Chennai to the file of the learned Subordinate Judge, Madurai.

3.The learned counsel appearing for the petitioner submits that the distance between Virudhunagar and Chennai is around 500 kms. He further submits that the petitioner is not having sufficient means to travel and she alone has to take care of her old-aged mother. Since there is no one to accompany her, she finds it difficult to travel such a long distance for appearing before the Family Court No.IV, Chennai, 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 (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 3/6

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.

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. In the light of the above, this transfer civil miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.4940 of 2021 pending on the file of the Family Court No.IV, Chennai, is withdrawn and ordered to be transferred to the file of the learned Subordinate Judge, Madurai. The Family Court No.IV, Chennai, is directed to 4/6

transmit the entire case records to the learned Subordinate Judge, Madurai, forthwith. The learned Subordinate Judge, Madurai, shall dispose of the case as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. 27.07.2022 Index : Yes / No Internet: Yes / No ogy To

1. The Family Court No.IV, Chennai.

2. The learned Subordinate Judge, Madurai.

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B.PUGALENDHI, J.

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