Allowed

Kavitha v. Rajendraprasad

Madras HC4 Nov 2022TR CMP(MD)/280/2021

Case brief

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What is this about?

The High Court allowed a transfer petition seeking to move divorce proceedings from the Subordinate Court, Paramakudi to the Family Court, Madurai. Relying on Supreme Court precedents prioritizing the wife's convenience, the court granted the transfer due to the wife's residence in Madurai and distance constraints.

What did the court decide?

Proceedings in H.M.O.P.No.33 of 2021 transferred from Subordinate Court, Paramakudi to Family Court, Madurai; records transmitted forthwith.

Kavitha Vs Rajendraprasad — Matrimonial and Divorce | Madras HC (2022)

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Tr.C.M.P(MD)No.280 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.11.2022

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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.280 of 2022 and C.M.P(MD) No.5856 of 2021

Kavitha

... Petitioner

-Vs-

Rajendraprasad ... Respondent

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.33 of 2021 from the file of the Subordinate Court, Paramakudi and transfer the same to the file of the Family Court, Madurai.

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For Petitioner : Mr.S.Poornachandran For Respondent : Mr.D.Arun

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O R D E R

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This Transfer Civil Miscellaneous Petition is filed

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seeking transfer of the proceedings in H.M.O.P.No.33 of 2021 from the file of the Subordinate Court, Paramakudi to the file of the Family Court, Madurai.

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

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Tr.C.M.P(MD)No.280 of 2022

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2.The petitioner is the wife and the respondent is the

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husband. The marriage between the petitioner and the respondent was solemnized on 24.08.2009 . Out of the wedlock, they have blessed with two children. Subsequently, due to some difference of opinion, the respondent filed H.M.O.P.No.33 of 2021, seeking divorce, before the Subordinate Court, Paramakudi. 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.33 of 2021 from the file of the Subordinate Court, Paramakudi to the file of the Family Court, Madurai.

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3.The learned counsel appearing for the petitioner submits that the distance between Paramakudi and Madurai is around 80 kms. The learned counsel further submits that the petitioner could not travel such a long distance as she is having two children and also there is no one to accompany her.

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Tr.C.M.P(MD)No.280 of 2022

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4.The learned counsel appearing for the respondent

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strongly objects for transfer of the proceedings in H.M.O.P.No.33 of 2021 from the file of the Subordinate Court, Paramakudi to the file of the Family Court, Madurai.

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5.The Hon'ble Apex Court in the case of Amitha Shah

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vs- Virendar Lal Shah , reported in (2003)10 SCC 609, has held that the convenience of the wife and more particularly the child must be taken into account while deciding the petition for transfer. Further, 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.

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6.Though the learned counsel appearing for the respondent raised certain objections for transfer of the proceedings,

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this Court being satisfied with the reasons stated in the affidavit filed in support of this petition and also taking into consideration that the

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

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Tr.C.M.P(MD)No.280 of 2022

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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.

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7.In the light of the above, this transfer civil

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miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.33 of 2021, on the file of the Subordinate Court, Paramakudi is withdrawn and ordered to be transferred to the file of

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the Family Court, Madurai. The learned Subordinate Judge, Paramakudi is directed to transmit the entire case records to the Family Court, Madurai forthwith and the learned Judge, Family Court, 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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04.11.2022

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Index : Yes/No Internet : Yes/No vrn

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Tr.C.M.P(MD)No.280 of 2022

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1.The Subordinate Court, Paramakudi.

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2.The Family Court, Madurai

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3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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Tr.C.M.P(MD)No.280 of 2022

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B.PUGALENDHI, J.

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vrn

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Order made in Tr.C.M.P(MD)No.280 of 2022 and C.M.P(MD) No.5856 of 2021

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04.11.2022

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Kavitha v. Rajendraprasad

Case brief

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Kavitha v. Rajendraprasad

Case brief

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