- The petitioner Maheswari files a transfer petition seeking to transfer a divorce petition filed against her in the Family Court of Madurai to the Family Court of Tiruchirapalli, where she resides. - She cites her health issues which prevent her from regularly traveling the 150km from Tiruchirapalli to Madurai for hearings, as well as financial difficulties supporting the travel. - Maheswari also alleges that her husband filed the divorce petition in Madurai with malice to harass her, given her inability to easily attend hearings there. She seeks a stay of the Madurai proceedings pending the transfer petition.

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IN THE HIGH COURT OF JUDICATURE AT MADURAI BENCH OF MADRAS
HIGH COURT
(Appellate Jurisdiction)
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Hon’ble Family Court, Madurai)
Maheswari,(F,35/2020)
D/o Nagarajan,
Plot No.186, Gowri Nagar,
Near Dheeran Nagar,
Pratiyur Village & Post,
Trichy District- 620 009. …Petitioner/Respondent.
-Vs-
B.Karthick,
S/o. N.K.Balasubramanian,
Door No. 6A, Commanding Officer, 1st
Lane,
Melamasi Veethi,
Madurai Town. …Respondent/Petitioner.
AFFIDAVIT OF THE PETITIONER
I Maheswari, daughter of Nagarajan, Hindu aged about 34 years, residing at
Plot No.186, Gowri Nagar, Near Dheeran Nagar, Pratiyur Village& Post, Trichy
District, now temporarily come down to Madurai and do hereby solemnly affirm and
sincerely states as under,
1. I am the petitioner herein and the respondent in the H.M.O.P.No.772 of 2020
on the file of the Hon’ble Family Court, Madurai, and I am well aware with the
facts and circumstances of the case, therefore I am competent to swear this
affidavit.
2. I state that I have respectfully approached this Hon’ble Court for pleased to
pass orders to withdraw the case in H.M.O.P.No.772 of 2020 pending on the
file of the Hon’ble Family Court, Madurai and transfer the same to the file of
the Hon’ble Family Court or any other competent court in Tiruchirapalli within
the time stipulated by this Hon’ble Court.
3. I state that the marriage between myself and the respondent was solemnized on
07.09.2014 as per Hindu rites and customs in the presence of elders of both
families at Guru Krishna Thirumana Mahal, Palanganatham, Madurai and the
same was registered on 19.01.2015. On account of wedlock I gave birth to two

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children, one female child namely Anoushka on 15.06.2015 and one male child
namely Sai Koushik on 29.10.2018.
4. I state that at that time of marriage the respondent was working as Quality
Engineer at Oracle India (P) Ltd, Bangalore. Subsequent to the marriage, the
respondent took me to Bangalore and we resided at Yudiyur Lake, 6th
Block,
22ns Cross, Shakshi Lake View Apartment No.236, Bangalore. During our stay
at Bangalore the attitude of the respondent was totally changed. The respondent
always used to spend time in his friend’s apartment who is living with his wife
alone. Moreover he used to have relationship with his colleague girl friend and
spend the rest of the time with her. He had taken treatment for depression, but
he showed all his angers upon me and my children. The respondent not even
take care of myself and my children even in emergency time, while my first
child was ill and I was pregnant at that time, he didn’t take us even to hospital
by spending time in his friend’s house. Even during those days the respondent
never shown any love and affection towards me and my children.
5. I state that the respondent is having the habit of visiting Madurai to his parental
home, every weekend from Bangalore. At that time I have to stay alone with
my girl child. He did not care about my health though I was pregnant at that
time. I have to look after my child alone at every weekend without knowing the
language spoken at Bangalore, I could not able to manage even in emergency
situations as I did not know Kannadam.
6. I state that I visited my matrimonial home at Madurai to attend baby shower
function of my brother-in-law’s wife on 12.09.2019. The next day all my in-
laws along with my husband tortured me and assaulted me, So I called 100 and
informed the police for help. The police patrol came and rescued me and I gave
a complaint on 14.09.2019 before All Women Police Station, Thilagar Thidal
and they issued CSR Receipt No.336/2019 and adviced me to stay with my
parents at Trichy for three months and moreover advised the respondent to pay
a sum of Rs.20,000/- on 05.10.2019 through online transaction. I state that
thereafter no amount was sent by him. As I am not working and I have to
depend on my father (who is a retired RPF) for all my expenses and my
children.
7. I state that the respondent herein had filed a petition for Restitution of Conjugal
Rights before the Hon’ble Family Court, Madurai in H.M.O.P. No 1311 of

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2019. As I resided in Trichy, I have filed a Transfer Petition for H.M.O.P. No
1311 of 2019 before this Hon’ble Court in Tr.C.M.P(MD) No. 111 of 2020.
8. I state that this Hon’ble Court in Tr.C.M.P(MD) No. 111 of 2020 on
27.02.2020 granted an interim stay of all further proceedings in H.M.O.P. No
1311 of 2019 on the file of Hon’ble Family Court, Madurai. Eventually,
Respondent had withdraw the petition for Restitution of Conjugal Rights before
the Hon’ble Family Court, Madurai in H.M.O.P. No 1311 of 2019.
9. I state that eventually, the respondent had filed a petition for Divorce in
H.M.O.P No 772 of 2020 before the Hon’ble Family Court, Madurai. I state
that now I receive summon to appear before the Hon’ble Family Court,
Madurai for the case in H.M.O.P No 772 of 2020. I was asked to appear in
person before the above said court on 06.01.2021 at 10.30 a.m.
10.I state that myself and my family members are residing in Trichirapalli district.
Respondent is residing in Madurai. I state that without any own income for
myself, I need to depend on my aged parents for the expenses of travelling
from Trichy to Madurai for attending the court proceedings in H.M.O.P No
772 of 2020 before the Hon’ble Family Court, Madurai. Apart from this, my
health condition also not permits me to travel for 150 Kms up and down from
Trichy to Madurai regularly.
11.I state that I am residing in the Tiruchirapalli district, which comes under the
territorial jurisdiction of this Hon’ble Court. Therefore I have no other effective
efficacious alternative remedy except approach this Hon’ble Court on the
following among other,
GROUNDS
a. That the respondent has filed a petition in H.M.O.P No 772 of 2020 before
the Hon’ble Family Court, Madurai seeking to dissolve the matrimonial
relationship between us and the said case is pending before the Hon’ble
Family Court, Madurai. That the petitioner is residing in Tiruchirapalli
district and her health condition did not permit her for long travel for more
than 150Kms up and down regularly for attending the court proceedings.
b. That Hon’ble Supreme Court of India in “Rajani Kishor Pardeshi V. Kishor
Babulal Pardeshi” reported in (2005) 12 SCC 237, it was held by the

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Hon’ble apex court that the convenience of the wife is to be preferred over
the convenience of the husband. Several Hon’ble High Courts have also
reiterated the dictum laid by the Hon’ble Supreme Court that preference
must be given to the convenience of the wife in case of the transfer petitions
in matrimonial disputes.
c. That the respondent has filed a petition for divorce with malafide intention
to harass me and also to add a burden to my financial hardships That the
petitioner also in not in a position to attend the hearing in H.M.O.P No.772
of 2020 at Madurai district owing to her health, financial crisis and fear that
the respondent may do anything against the petitioner.
Therefore I have no other effective, efficacious and alternative remedy
except approaching this Hon’ble Court under Section 24 of Civil Procedure
Code.
Therefore it is most respectfully prayed that this Hon’ble Court may be
pleased to stay all the further proceeding in H.M.O.P.No. 772 of 2020
pending on the file of the Hon’ble Family Court, Madurai pending disposal
of the above transfer petition and pass such further or other order as this
Hon’ble Court may deem fit and proper in the circumstances of the case and
thus render justice.
Therefore in the above circumstances it is respectfully prayed that this
Hon’ble Court may be pleased to pass orders to withdraw the case in
H.M.O.P No 772 of 2020 pending on the file of the Hon’ble Family Court,
Madurai and transfer the same to the file of Hon’ble Family Court, or any
other competent court, Tiruchirapalli and pass such further or other order as
this Hon’ble sub court may deem fit and proper in the circumstances of the
case and thus render justice.
Solemnly affirmed at Madurai on this PETITIONER
05th
day of January 2021 and the
contents were explained to her in BEFORE ME
Tamil and she understood the same
And signed her name in my presence. ADVOCATE

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MEMORANDUM OF CIVIL MISCELLANEOUS PETITION UNDER SECTION
24 OF CPC
IN THE HIGH COURT OF JUDICATURE AT MADURAI BENCH OF MADRAS
HIGH COURT
(Appellate Jurisdiction)
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Family Court, Madurai)
Maheswari, (F,35/2020)
D/o Nagarajan,
Plot No.186, Gowri Nagar,
Near Dheeran Nagar,
Pratiyur Village & Post,
Trichy District- 620 009. …Petitioner/Respondent.
-Vs-
B.Karthick,
S/o. N.K.Balasubramanian,
Door No. 6A, Commanding Officer, 1st
Lane,
Melamasi Veethi,
Madurai Town. …Respondent/Petitioner.
STAY PETITION
For the reasons stated in the accompanying affidavit, the
petitioner prayed that this Hon’ble Court may be pleased to grant STAY of all further
proceedings in H.M.O.P H.M.O.P.No. 772 of 2020 pending on the file of the Hon’ble
Family Court, Madurai pending disposal of the above transfer petition and pass such
further or other order as this Hon’ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
Dated at Madurai on this 05th
day of January 2021.
Counsel for the petitioner.

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MEMORANDUM OF CIVIL MISCELLANEOUS PETITION UNDER SECTION
24 OF CPC
IN THE HIGH COURT OF JUDICATURE AT MADURAI BENCH OF MADRAS
HIGH COURT
(Appellate Jurisdiction)
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Family Court, Madurai)
Maheswari, (F,35/2020)
D/o Nagarajan,
Plot No.186, Gowri Nagar,
Near Dheeran Nagar,
Pratiyur Village & Post,
Trichy District- 620 009. …Petitioner/Respondent.
-Vs-
B.Karthick,
S/o. N.K.Balasubramanian,
Door No. 6A, Commanding Officer, 1st
Lane,
Melamasi Veethi,
Madurai Town. …Respondent/Petitioner.
TRANSFER PETITION
The address for service on the Petitioner is as stated above and on his
counsels M/s.R.Alagumani, S.Ramesh Kumar, B.Dhanasekaran, S.Manoj Immanuel,
and A.Vignesh, Advocates Chamber No. 82, Madurai Bench of Madras High Court,
Madurai-23.
The address for service of the notices, summons etc on the Respondents is as
stated above
Therefore in the above circumstances it is respectfully prayed that this
Hon’ble Court may be pleased to pass orders to withdraw the case in H.M.O.P No 772
of 2020 pending on the file of the Hon’ble Family Court, Madurai and transfer the
same to the file of Hon’ble Family Court, or any other competent court, Tiruchirapalli
and pass such further or other order as this Hon’ble sub court may deem fit and proper
in the circumstances of the case and thus render justice.
Dated at Madurai on this 05th
day of January 2021.
Counsel for the petitioner.

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IN THE HIGH COURT OF JUDICATURE AT MADURAI BENCH OF MADRAS
HIGH COURT
(Appellate Jurisdiction)
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Family Court, Madurai)
Maheswari, (F,35/2020)
D/o Nagarajan,
Plot No.186, Gowri Nagar,
Near Dheeran Nagar,
Pratiyur Village & Post,
Trichy District- 620 009. …Petitioner/Respondent.
-Vs-
B.Karthick,
S/o. N.K.Balasubramanian,
Door No. 6A, Commanding Officer, 1st
Lane,
Melamasi Veethi,
Madurai Town. …Respondent/Petitioner.
INDEX TO TYPEDSET OF PAPERS
S.No Date Description Page No
1. 25.02.2020 Affidavit and petition in Tr.C.M.P(MD)
No111 of 2020.
1-6
2. 27.02.2020 Order of this Hon’ble Court in Tr.C.M.P(MD)
No111 of 2020.
7-8
3. 2020 H.M.O.P.No.772 of 2020 petition in the file
of the Family Court, Madurai.
9-25
4. 03.12.2020 Summon issued to the petitioner. 26-27
5. 2005 Judgement in “Rajani Kishor Pardeshi V.
Kishor Babulal Pardeshi” reported in (2005)
12 SCC 237.
28
6. Aadhar Card of the petitioner 29
Verified that the documents above mentioned are the true copies of their originals.
Dated at Madurai on this 5th
day of January 2021.
Counsel for the Petitioner

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DISTRICT: TRICHY
BEFORE THE HON’BLE
MADRAS HIGH COURT
AT MADURAI BENCH
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Family Court, Madurai)
AFFIDAVIT
M/s. R. Alagumani,(1461/97)
B.Dhanasekaran(1912/00)
S.Ramesh Kumar (2757/2012)
S.Manoj Immanuel (686/2018)
A.Vignesh (3172/17)
Counsels for the Petitioner

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DISTRICT: TRICHY
BEFORE THE HON’BLE
MADRAS HIGH COURT
AT MADURAI BENCH
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Family Court, Madurai)
TRANSFER PETITION
M/s. R. Alagumani,(1461/97)
B.Dhanasekaran(1912/00)
S.Ramesh Kumar (2757/2012)
S.Manoj Immanuel (686/2018)
A.Vignesh (3172/17)
Counsels for the Petitioner

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DISTRICT: TRICHY
BEFORE THE HON’BLE
MADRAS HIGH COURT
AT MADURAI BENCH
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Family Court, Madurai)
STAY PETITION
M/s. R. Alagumani,(1461/97)
B.Dhanasekaran(1912/00)
S.Ramesh Kumar (2757/2012)
S.Manoj Immanuel (686/2018)
A.Vignesh (3172/17)
Counsels for the Petitioner

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DISTRICT: TRICHY
BEFORE THE HON’BLE
MADRAS HIGH COURT
AT MADURAI BENCH
Tr.C.M.P.(MD).No of 2020
IN
H.M.O.P.No.772 of 2020
(On the file of the Family Court, Madurai)
TYPEDSET OF PAPERS
M/s. R. Alagumani,(1461/97)
B.Dhanasekaran(1912/00)
S.Ramesh Kumar (2757/2012)
S.Manoj Immanuel (686/2018)
A.Vignesh (3172/17)
Counsels for the Petitioner

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