In TR CMP(MD)No.244 of 2022- MAD HC- Convenience of woman is to be taken into consideration while considering transfer applications, reiterates Madras HC Justice B.Pugalendhi [20-06-2022]

Read Order: Mary Remona v. N.Christhuraj 

Tulip Kanth

Chennai, June 22, 2022: Referring to the judgment of the Top Court in Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta, the Madurai Bench of the Madras High Court has reaffirmed the settled law that convenience of woman is to be taken into consideration at the time of considering transfer applications.

The Bench of Justice B.Pugalendhi has allowed a Transfer Civil Miscellaneous Petition, which was filed to transfer the proceedings from the file of the VII Additional Family Court, Chennai to the file of the Family Court, Madurai after noting that the petitioner-wife has been residing in Madurai with her young daughter and she could not travel to Chennai, leaving her daughter alone, without assistance of others.

The facts as put forth by the petitioner-wife was that the marriage of the petitioner and the respondent-husband was solemnized in Chennai  and this was the second marriage for both the petitioner and the respondent. After marriage, the petitioner underwent harassment and cruelty at the hands of the respondent and the respondent never took care of the petitioner or their daughter, but had developed intimacy with other women.

In the meantime, the husband had also filed a petition for divorce in Chennai and the petitioner had filed a transfer application. A compromise took place between the parties but even then the husband developed intimacy with several other women and had also filed the divorce petition for the second time. The wife working as Assistant Professor (Chemistry) in Sri Meenakshi Government Arts College for Women, Madurai has been residing in Madurai, with her daughter.

The case for divorce was filed before the Family Court in Chennai, which is nearly 480 kms from Madurai. As the petitioner found it difficult to attend the Court proceedings in Chennai, therefore it was prayed that the proceedings be transferred to the Family Court, Madurai.

After being satisfied with the reasons stated in the affidavit filed in support of this petition and placing reliance on the settled law that convenience of woman is to be taken into consideration at the time of considering transfer applications, the Bench allowed the petition.