Allowed

R.Shamili v. C. Manojkumar

Madras HC18 Nov 2022TR CMP(MD)/387/2022

Case brief

AI extract

What is this about?

The Madras High Court allowed a transfer petition to move divorce proceedings from Tenkasi to Valliyoor sub-court. The court held that the wife's convenience as a custodial mother necessitates the transfer, relying on Supreme Court precedents prioritizing the wife's ease of travel.

What did the court decide?

Proceedings in H.M.O.P.No.56 of 2022 withdrawn from Principal Subordinate Court, Tenkasi and transferred to Subordinate Court, Valliyoor; case records ordered transmitted immediately.

R.Shamili Vs C. Manojkumar — Matrimonial and Divorce | Madras HC (2022)

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TR.C.M.P(MD).No.387 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.11.2022

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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.387 of 2022 and C.M.P(MD).No.6322 of 2022

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R.Shamili ... Petitioner/Petitioner

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versus

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C.Manojkumar ... Respondent/Respondent

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PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in H.M.O.P.No.56 of 2022 on the file of the Principal Sub Court, Tenkasi and transfer the same to the Sub Court, Valliyoor.

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For Petitioner : Mr.T.Selvakumaran For Respondent : Mr.R.J.Karthick

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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.56 of 2022 from the file of the Principal Subordinate Court, Tenkasi to the Subordinate Court, Valliyoor.

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

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TR.C.M.P(MD).No.387 of 2022

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

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marriage between the petitioner and the respondent was solemnized on 10.05.2019, as per the Hindu Rites and Customs and out of the wedlock, they are blessed with male child. Subsequently, due to some difference of opinion, the respondent filed H.M.O.P.No.56 of 2022 before the Principal Subordinate Court, Tenkasi, seeking divorce. Since the petitioner/wife is living along with her parents at Vadakkankulam, she finds it difficult to travel from her native place to Tenkasi. Therefore, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.56 of 2022 from the file of the Principal Subordinate Court, Tenkasi to the Subordinate Court, Valliyoor.

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3.The learned counsel appearing for the petitioner submits that the distance between the petitioner's native place and Tenkasi is around 130 kms. He further submits that the petitioner is not having sufficient means to travel and she depends upon her parents to meet out her dayto-day expenses. Since she alone has to take care of her 2-year-old child and her aged parents and there is no one to accompany her, she 2/6

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

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TR.C.M.P(MD).No.387 of 2022

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finds it difficult to travel from Tirunelveli to Tenkasi for appearing before the Principal Subordinate Court, Tenkasi, for each and every

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hearing.

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4.Heard the learned counsel appearing for the respondent.

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

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

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TR.C.M.P(MD).No.387 of 2022

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7.In the light of the above, this transfer civil miscellaneous petition stands allowed with the following directions:

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“(i)The proceedings in H.M.O.P.No.56 of 2022

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on the file of the Principal Subordinate Court, Tenaksi, is withdrawn and ordered to be transferred to the file of the Subordinate Court, Valliyoor.

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(ii)The learned Principal Subordinate Court, Tenaksi, is directed to transmit the entire case records to the Subordinate Court, Valliyoor, forthwith and the learned Judge, Subordinate Court, Valliyoor, who in turn shall dispose of the same as expeditiously as possible. “

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No costs. Consequently, connected miscellaneous petition is closed.

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18.11.2022

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Index : Yes / No Internet: Yes / No Rmk

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

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TR.C.M.P(MD).No.387 of 2022

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1.The Principal Subordinate Judge, Tenkasi.

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2.The Subordinate Judge, Valliyoor.

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5/6

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

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TR.C.M.P(MD).No.387 of 2022

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B.PUGALENDHI, J.

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Rmk

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TR.C.M.P(MD).No.387 of 2022

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18.11.2022

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

R.Shamili v. C. Manojkumar

Case brief

What is this about?

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R.Shamili v. C. Manojkumar

Case brief

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