Allowed

Vinitha, v. Vijayaperumal

Madras HC6 Jul 2022TR CMP(MD)/22/2022

Case brief

AI extract

What is this about?

The petition sought transfer of divorce proceedings from the Family Court Dindigul to the Family Court Madurai under Section 24 of CPC. The Court allowed the transfer, considering the wife's residence and travel difficulty, relying on the principle that the wife's convenience is paramount in such applications.

What did the court decide?

Petition allowed; proceedings withdrawn from Family Court Dindigul and transferred to Family Court Madurai.

Vinitha, Vs Vijayaperumal — Service and Employment | Madras HC (2022)

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TR.C.M.P(MD).No.22 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.07.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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TR.C.M.P(MD).No.22 of 2022 and C.M.P(MD).No.413 of 2022

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Vinitha ... Petitioner

versus

Vijayaperumal

... Respondent

Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C, to withdraw the case in H.M.O.P.No.355 of 2021 on the file of the Family Court, Dindigul and to transfer the same to the file of the Family Court, Madurai.

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For Petitioner : Mr.B.Vinoth Kumar For Respondent : No-appearance

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1/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.22 of 2022

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ORDER

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This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the proceedings in H.M.O.P.No.355 of 2021 from the file of the Family Court, Dindigul to the Family Court, Madurai.

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The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 04.09.2020, as per the Hindu Rites and Customs. Subsequently, due to some difference of opinion, the husband filed H.M.O.P.No.355 of 2021 before the Family Court, Dindigul, seeking divorce. Since the petitioner/wife is a resident of Madurai, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No. 355 of 2021 from the file of the Family Court, Dindigul to the Family Court, Madurai.

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3.The learned counsel appearing for the petitioner submits that

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the distance between Dindigul and Madurai is around 65 kms and it is very difficult for the petitioner to travel such a long distance for appearing before the Family Court, Dindigul for each and every hearing.

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2/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.22 of 2022

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4.Though notice was ordered to the respondent, there is no representation for the respondent.

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5.This Court, being satisfied with the reasons stated in the affidavit filed in support of this petition and also taking into consideration that it is well settled law that convenience of wife is to be taken into consideration at the time of considering transfer applications as held by the Hon'ble Supreme Court in the judgment reported in 2008(9)SCC 353 (Arti

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Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), is inclined to allow the present petition.

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6.In the light of the above, this transfer civil miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.355 of 2021 on the file of the Family Court, Dindigul is withdrawn and ordered to be transferred to the file of the Family Court, Madurai. The learned Judge, Family Court, Dindigul is directed to transmit the entire case records to the Family Court, Madurai forthwith and the learned Judge, Family Court,

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3/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.22 of 2022

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Madurai, who in turn shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

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06.07.2022

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ssb Index : Yes / No Internet: Yes / No To

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Family Court, Dindigul 2.Family Court, Madurai.

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4/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.22 of 2022

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B.PUGALENDHI, J.

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ssb

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TR.C.M.P(MD).No.22 of 2022

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06.07.2022

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5/5

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https://www.mhc.tn.gov.in/judis

Vinitha, v. Vijayaperumal

Case brief

What is this about?

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Vinitha, v. Vijayaperumal

Case brief

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