Allowed

S. Maragatham, v. Enokku alias Siren

Madras HC25 Nov 2022TR CMP(MD)/307/2022

Case brief

AI extract

What is this about?

The Madras High Court allowed a Transfer Civil Miscellaneous Petition to shift divorce proceedings from the Principal District Court, Madurai, to Virudhunagar. Citing Supreme Court precedents prioritizing the wife's convenience, the Court ordered the transfer due to the petitioner's inability to travel to Madurai due to financial constraints, health issues, and lack of accompaniment.

What did the court decide?

The Transfer Civil Miscellaneous Petition was allowed; the proceedings in I.D.O.P. No.69 of 2022 were withdrawn from Madurai and transferred to Virudhunagar.

S. Maragatham, Vs Enokku alias Siren — Matrimonial and Divorce | Madras HC (2022)

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TR.C.M.P(MD).No.307 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.11.2022

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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.307 of 2022 and C.M.P(MD).No.5149 of 2022

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S.Maragatham ... Petitioner

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versus Enokku @ Siren ... Respondent

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Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C. to withdraw the case in I.D.O.P.No.69 of 2022 pending on the file of the Principal District Court, Madurai and transfer the same to the Principal District Court, Virudhunagar at Srivilliputhur.

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For Petitioner : Mr.N.Mohideen Basha For Respondent : Mr.R.Karunanidhi

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ORDER

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This Transfer Civil Miscellaneous Petition is filed seeking transfer of I.D.O.P.No.69 of 2022 from the file of the Principal District

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

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TR.C.M.P(MD).No.307 of 2022

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Court, Madurai, to the file of Principal District Court, Virudhunagar at Srivilliputhur.

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The petitioner herein is the wife and the respondent herein is the husband. The marriage between them was solemnized on 25.11.2020, as per Christian Rites and Customs. Due to some misunderstanding, now, both are living separately. Thereafter, the respondent has filed I.D.O.P.No.69 of 2022 before the Principal District Court, Madurai, for divorce. Now, the petitioner is living along with her aged parents at Virudhunagar. Since she is not having sufficient means and there is no one to accompany her, she finds it difficult to travel from Virdhunagar to Madurai. Hence, she filed the present Transfer Civil Miscellaneous Petition to transfer the case in I.D.O.P.No.69 of 2022 from the file of the Principal District Court, Madurai to the file of Principal District Court, Virudhunagar at Srivilliputhur.

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

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TR.C.M.P(MD).No.307 of 2022

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The learned counsel appearing for the petitioner submits that the petitioner is living along with her aged parents at Virudhunagar. Further, she is not having sufficient means to travel and she also 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 Virudhunagar to Madurai, for appearing before the Principal District Court, Madurai, for each and every hearing.

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The learned counsel appearing for the respondent submits that

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the petitioner is having some health issues and by suppressing the same, the marriage was performed.

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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

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

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TR.C.M.P(MD).No.307 of 2022

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Rajani

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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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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 and also taking into consideration the fact that the petitioner is having some health issues and there is no one to accompany her, is inclined to allow the present petition.

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Accordingly, the Transfer Civil Miscellaneous petition stands

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allowed. The proceedings in I.D.O.P.No.69 of 2022 pending on the file of the Principal District Court, Madurai, is withdrawn and ordered to be transferred to the file of Principal District Court, Virudhunagar at Srivilliputhur. The Principal District Court, Madurai, is directed to

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

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TR.C.M.P(MD).No.307 of 2022

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transmit the entire case records to the Principal District Court, Virudhunagar at Srivilliputhur, forthwith. The learned Principal District Judge, Virudhunagar at Srivilliputhur, shall dispose of the case as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

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25.11.2022

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Index : Yes / No Internet: Yes / No ogy

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The Principal District Court, Madurai.

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The Principal District Court, Virudhunagar at Srivilliputhur.

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

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TR.C.M.P(MD).No.307 of 2022

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B.PUGALENDHI, J.

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ogy

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TR.C.M.P(MD).No.307 of 2022

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25.11.2022

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

S. Maragatham, v. Enokku alias Siren

Case brief

What is this about?

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S. Maragatham, v. Enokku alias Siren

Case brief

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