Madras High Court
Mercy Evangeline vs K.Suresh on 27 July, 2022
Author: B.Pugalendhi
Bench: B.Pugalendhi
TR.C.M.P(MD)No.32 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD)No.32 of 2021
and
C.M.P(MD)No.591 of 2021
Mercy Evangeline ... Petitioner
Vs
K.Suresh ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw IDOP NO.194 of
2020 on the file of the Family Court, Madurai and
transfer the same to Additional District Court,
Kumbakonam.
For Petitioner : Mr.S.Madhavan
For Respondent : Mr.VR.Shanmuganathan
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in IDOP No.194 of 2020 on the file of the Family Court, 1/7 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.32 of 2021 Madurai and transfer the same to Additional District Court, Kumbakonam.
2.The petitioner and the respondent are wife and husband. The marriage between the petitioner and the respondent was solemnized on 04.07.2014 as per the Hindu Rites and Customs. Due to difference of opinion, they are living separately. Now the husband filed a petition in IDOP No.194 of 2020 before the Family Court, Madurai seeking restitution of conjugal rights. Since the petitioner / wife is a resident of Thanjavur district, she has filed this present Transfer Civil Miscellaneous Petition to transfer the above proceedings to the Additional District Court, Kumbakonam on the ground that the distance between Kumbakonam and Madurai is around 250kms, she is having a daughter of tender age and since no one is there to accompany her, she finds it difficult to appear before the Court by travelling such a long distance. 2/7 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.32 of 2021
3.The learned Counsel for the respondent fairly submitted that the respondent has no objection for transferring the case as prayed for. However, the respondent is working as a Professor in Madurai, it would be difficult for him to obtain leave and appear before the Court at Kumbakonam on each hearing and therefore, he prayed for a direction for early disposal of the IDOP proceedings by the transferee Court. The learned Counsel for the respondent further submits that the visitation rights given on the respondent by this Court, on the earlier occasion in CRP(MD)No.422 of 2018, vide order dated 31.10.2018 shall be ensured.
4.In reply, the learned Counsel for the petitioner submits that the petitioner has not denied the visitation rights of the respondent and has not prevented the respondent from visiting the child.
5.The Hon'ble Apex Court in the case of Amitha Shah vs- Virendar Lal Shah, reported (2003)10 SCC 609 3/7 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.32 of 2021 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.
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. Though the learned Counsel for the respondent has raised objection, since the respondent is a retired government servant allowing this petition would not prejudice the petitioner.
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7.In the light of the above, this transfer civil miscellaneous petition stands allowed with the following directions:
(i)The proceedings in IDOP No.194 of 2020 is withdrawn from the Family Court, Madurai and transferred to the Additional District Court, Kumbakonam;
(ii)The learned Judge, Family Court, Madurai is directed to send the above case records within a period of fifteen days from the date of receipt of a copy of this order to the learned Additional District Judge, Kumbakonam, who in turn, on receipt of the case, shall dispose of the same as expeditiously as possible, preferably within a period of eight months from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petition stands closed.
27.07.2022 Index: Yes/No 5/7 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.32 of 2021 To
1. The Judge, Family Court, Madurai.
2. The Additional District Judge, Kumbakonam.
6/7 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.32 of 2021 B.PUGALENDHI, J.
dsk TR.C.M.P(MD)No.32 of 2021 27.07.2022 7/7 https://www.mhc.tn.gov.in/judis