Allowed

Backiyalakshmi v. Prabhakaran

Madras HC16 Dec 2022TR CMP(MD)/90/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a transfer petition filed by a wife to move a divorce proceeding from the Family Court, Trichirappalli, to the Family Court, Vellore. The court held that the wife's convenience takes precedence over the husband's as per Supreme Court precedents, given the significant travel distance and lack of accompaniment.

What did the court decide?

Proceedings in H.M.O.P.No.392 of 2020 transferred from Family Court, Trichirappalli to Family Court, Vellore; case records to be transmitted forthwith; no costs awarded.

Backiyalakshmi Vs Prabhakaran — Matrimonial and Divorce | Madras HC (2022)

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Tr.C.M.P(MD)No.90 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.12.2022

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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.90 of 2021 and C.M.P(MD) No.1924 of 2021

Backiyalakshmi

... Petitioner

-Vs-

Mr.Prabhakaran ... Respondent

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdr aw H.M.O.P.No.392 of 2020, on the file of the Family Court, Trichirappalli and to transfer the same to the file of the Family Court, Vellore.

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For Petitioner : Mr.C.Prabakaran For Respondent : Mr.Lenin Kumar

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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.392 of 2020, from the file of the Family Court, Trichirappalli to the Family Court,

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Vellore.

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

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Tr.C.M.P(MD)No.90 of 2021

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2.The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 14.11.1994. Out of the wedlock, they have blessed with two children. Subsequently, due to some difference of opinion, they separated. The respondent filed H.M.O.P.No.392 of 2020, seeking divorce, before the Family Court, Trichy. Since the petitioner/wife is a resident of Vellore, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.392 of 2020, from the file of the Family Court, Trichirappalli to the Family Court, Vellore.

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3.The learned counsel appearing for the petitioner submits that the distance between Trichy and Vellore is around 300 kms to and fro and she finds it very difficult to travel such a long distance as there is no one to accompany her.

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4.The learned counsel appearing for the respondent

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submits that the respondent is working as Doctor and it is very

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

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Tr.C.M.P(MD)No.90 of 2021

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difficult for him to travel such a long distance and objected for transfer of the proceedings.

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

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

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Tr.C.M.P(MD)No.90 of 2021

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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 miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.392 of 2020, on the file of the Family Court, Trichirappalli is withdrawn and ordered to be transferred to the file of the Family Court, Vellore. The learned Judge, Family Court, Trichy is directed to transmit the entire case records to the Family Court, Vellore, forthwith and the learned Judge, Family Court, Vellore who in turn shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

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16.12.2022

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Index : Yes/No Internet : Yes/No vrn

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Tr.C.M.P(MD)No.90 of 2021

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1.The Family Court, Trichirappalli

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2.The Family Court, Vellore.

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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.90 of 2021

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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.90 of 2021 and C.M.P(MD) No.1924 of 2021

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16.12.2022

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Backiyalakshmi v. Prabhakaran

Case brief

What is this about?

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Backiyalakshmi v. Prabhakaran

Case brief

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