Dismissed

P. Murugan, v. S. Ramkumari

Madras HC23 Sept 2022TR CMP(MD)/406/2022

Case brief

AI extract

What is this about?

The Madras High Court dismissed the Transfer Civil Miscellaneous Petition filed by the husband to transfer his divorce case from the Chennai Family Court to the Nagercoil Family Court. The court held that the convenience of the wife takes precedence over that of the husband and was not satisfied with the petitioner's reasons for the transfer.

What did the court decide?

Transfer Civil Miscellaneous Petition (TR.C.M.P(MD)No.346 of 2022) stands dismissed.

P. Murugan, Vs S. Ramkumari — Civil Procedure and Limitation | Madras HC (2022)

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TR.C.M.P(MD)No.346 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 23.09.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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TR CMP(MD)No.346 of 2022 and CMP(MD)No.6630 of 2022

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P.Murugan ... Petitioner Vs S.Ramkumari ... Respondent

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Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C, to withdraw the OP.No.1202 of 2022 on the file of VII Additional Family Court, Chennai and transfer the same to Family Court, Nagercoil.

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For Petitioner : Mr.D.Saravanan

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ORDER

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This Transfer Civil Miscellaneous Petition has

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been filed seeking transfer of the case in OP.No.1202 of 2022 from the VII Additional Family Court, Chennai to Family Court, Nagercoil.

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The marriage between the petitioner and the respondent

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1/4

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

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TR.C.M.P(MD)No.346 of 2022

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was solemnised in the year 2015. Due to difference of opinion the respondent wife has filed a petition seeking divorce before the VII Additional Family Court, Chennai in OP.No.1202 of 2022, which is now sought to be transferred the Family Court, Nagercoil, on the ground that the petitioner is working in Nagercoil and he is looking after his parents and therefore, he finds it difficult to appear before the Court in Chennai.

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that the petitioner has served in Indian Army and has got voluntary retirement. The wife is taking all the monetary benefits, deriving from his employment. Further, the respondent is a close relative of the petitioner and it is also a love marriage and if the matter is referred to mediation there is possibility of settling the issue.

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4.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

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

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TR.C.M.P(MD)No.346 of 2022

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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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5.Though the petitioner claims that there is a possibility of settlement if the matter is referred for mediation, the petitioner is having the opportunity of getting the counselling before Family Court, Chennai.

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6.In view of the above decision and being not satisfied with the reasons stated by the petitioner, this transfer civil miscellaneous petition stands dismissed. No costs.

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23.09.2022

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dsk To The Judge, VII Additional Family Court, Chennai

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3/4

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

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TR.C.M.P(MD)No.346 of 2022

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B.PUGALENDHI, J.

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dsk

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TR.C.M.P(MD)No.346 of 2022

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23.09.2022

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

P. Murugan, v. S. Ramkumari

Case brief

What is this about?

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P. Murugan, v. S. Ramkumari

Case brief

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