S.Preethi, v. M.B.Vilvapathi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD).No.12602 of 2022 S.Preethi ... Petitioner v.
M.B.Vilvapathi ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C to withdraw the case in HMOP.No.1096 of 2022 on the file of the Family Court, Madurai and transfer the same to the Family Court, Thanjavur. For Petitioner : Mr.A.Senthil Kumar For Respondent : Mr.M.B.Vilvapathi / Party-in-person 1/6
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in HMOP.No.1096 of 2022 from the file of the Family Court, Madurai to the file of the Family Court, Thanjavur.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 28.06.2017 and out of the wedlock, they are having a male child. Due to some misunderstanding, now, they are living separately and the respondent has filed HMOP.No.1096 of 2022 before the Family Court, Madurai, seeking divorce. The petitioner is residing at Thanjavur in her parental house. Since the petitioner is not having sufficient means to travel and meet out her day-today expenses, she finds it difficult to travel from Thanjavur to Madurai. Therefore, she filed the present Transfer Civil Miscellaneous Petition to transfer the case in HMOP.No.1096 of 2022 from the file of the Family Court, Madurai, to the file of the Family Court, Thanjavur. 2/6
3. The learned counsel appearing for the petitioner submits that the respondent is not even providing any maintenance to the petitioner. 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, Madurai, for each and every hearing.
4. The respondent / husband entered appearance as party-in-person and submitted that he is not having any objections for transferring the proceedings to Family Court, Thanjavur, however, he requested for early disposal of the proceedings.
5. The Hon'ble Apex Court in the case of Amitha Shah vs- Virendar 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 3/6
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, the no objection endorsed by the respondent 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 HMOP.No.1096 of 2022 pending on the file of the Family Court, Madurai, is withdrawn and ordered to be transferred to the file of the Family Court, Thanjavur. The learned Judge, Family Court, Madurai, is directed to transmit the entire case records to the Family Court, Thanjavur, forthwith. The learned Judge, Family Court, Thanjavur, shall expedite the proceedings and shall endeavour to dispose of the same as 4/6
expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No 20.01.2023 Internet: Yes / No gk To
1. The Family Court, Thanjavur.
2. The Family Court, Madurai.
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B.PUGALENDHI, J.
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