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Madras High CourtTR CMP(MD)/445/2022ordered

B. Priya, v. R.M. Vignesh,

2023-02-03Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD).No.7203 of 2022 B.Priya ... Petitioner versus R.M.Vignesh ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C. to withdraw the case in O.P.No.786 of 2022 on the file of the Family Court, Theni and transfer the same to the file of the District Court of Family Court at Madurai, Madurai District. For Petitioner : Mr.G.Anto Prince For Respondent : Mr.A.Uthayakumar 1/6

ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of O.P.No.786 of 2022 from the file of the Family Court, Theni, to the file of the District Court or Family Court at Madurai, Madurai District.

2. The petitioner herein is the wife of the respondent. The marriage between them was solemnized on 29.10.2020. Due to some misunderstanding, now, they are living separately. Thereafter, the respondent has filed a divorce petition in O.P.No.786 of 2022 before the Family Court, Theni. Since the petitioner is now living along with her old aged parents at Madurai and there is no one to accompany her, she finds it difficult to travel from Madurai to Theni. Therefore, she filed this Transfer Civil Miscellaneous Petition, seeking transfer of O.P.No.786 of 2022 from the file of the Family Court, Theni, to the file of the District Court or Family Court at Madurai, Madurai District. 2/6

3. The learned counsel appearing for the petitioner submits that the petitioner is living along with her aged parents at Madurai. Further, the petitioner is not having sufficient means to travel and she depends upon her parents to meet out her day-to-day expenses. Since there is no one to accompany her, she finds it difficult to travel from Madurai to Theni, for appearing before the Family Court, Theni, 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 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 3/6

the convenience of the husband.

6. This Court, by 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. Since the Family Courts are established only for the purpose of dealing with the matrimonial issues, this Court is inclined to transfer O.P.No.786 of 2022 from the file of the Family Court, Theni, to the file of the Family Court, Madurai.

8. Accordingly, the Transfer Civil Miscellaneous petition stands allowed. The proceedings in O.P.No.786 of 2022 pending on the file of the Family Court, Theni, is withdrawn and ordered to be transferred to the file of the Family Court, Madurai. The Family Court, Theni, is directed to transmit the entire case records to the Family Court, 4/6

Madurai, forthwith. The learned Judge, Family Court, Madurai, shall dispose of the case as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2023 Index : Yes / No Internet: Yes / No ogy To

1. The Family Court, Theni.

2. The Family Court, Madurai.

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B.PUGALENDHI, J.

ogy 03.02.2023 6/6