Madras High Court
S.Manjula vs Shanmugasundaram on 10 December, 2018
Author: T.Ravindran
Bench: T.Ravindran
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.RAVINDRAN
Tr.C.M.P. (MD) No.213 of 2018
and
C.M.P.(MD)No.5208 of 2018
S.Manjula ... Petitioner
-vs-
Shanmugasundaram ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 and
Order 52 of the Code of Civil Procedure to withdraw I.A.No.352 of 2017 in
H.M.O.P.No.53 of 2016 on the file of the Family Court, Dindigul and transfer
to the Subordinate Court, Paramathi, Namakkal District.
For Petitioner : Mr.A.Haja Mohideen
For Respondent :Mr.D.Selvaraj
ORDER
The petitioner is the wife. The respondent is the husband. The respondent has levied a divorce case against the petitioner in H.M.O.P.NO. 53 of 2016 and the same is pending on the file of the Family Court, http://www.judis.nic.in 2 Dindigul. Seeking transfer of the above said proceeding to the Subordinate Court, Paramathi, the present transfer petition has been laid by the petitioner on the footing that she is residing with her parents at Namakkal and considering the distance between Namakkal and Dindigul being on the higher side, she is unable to attend the proceeding at Dindigul Court and furthermore, according to her, the respondent has not even provided her the basic needs and if she is directed to attend the proceeding at Dindigul Court, she would be further mulcted with costs and thereby put to irreparable loss and therefore, sought for transfer. Further it is also stated that the petitioner has levied a domestic violence case in D.V.O.P.No.4 of 2018 against the respondent which is pending on the file of the Judicial Magistrate Court, Paramathi.
2. According to the petitioner, the above said H.M.O.P. preferred by the respondent had been dismissed for default and thereafter he has preferred I.A.No.352 of 2017 to restore the same and the same is pending and accordingly prayed for transfer for the above said I.A., to Paramathi Court for disposal as per law.
3. During the pendency of the enquiry, it is represented that the afore said I.A., preferred by the respondent to restore the main H.M.O.P. had http://www.judis.nic.in 3 been allowed and therefore, accordingly prayed for suitable orders to transfer H.M.O.P. In this connection, the petitioner has filed an affidavit and the same had not been denied by the respondent's Counsel. It is not now in dispute that H.M.O.P., laid by the respondent which has been dismissed for default, had been restored to file.
4. The respondent's Counsel contended that the continuance of the proceeding at Dindigul Court would not cause any prejudice to the petitioner and therefore, according to him, the transfer request is projected only to cause inconvenience and hardship to the respondent and prays for dismissal of the transfer petition.
5. Admittedly, the distance between Dindigul and Paramathi is on the higher side and the respondent has not provided maintenance to the petitioner and thereby, it is seen that if the petitioner is directed to attend the proceeding at Dindigul Court, she would be put to irreparable loss and hardship. Furthermore, the petitioner having laid the domestic violence case against the respondent which is pending on the file of the Judicial Magistrate Court, Paramathi, it is seen that the respondent would be required to defend the afore said proceeding and in such view of the matter, if the divorce case is also transferred to Paramathi Court as prayed for by http://www.judis.nic.in 4 the petitioner, no serious prejudice would be caused to the respondent. In addition to that, respondent is said to be working in I.T. Company. In such circumstances, no serious prejudice would be caused to the respondent in conducting the proceeding at Paramathi Court, as prayed for by the petitioner.
6. For the reasons afore stated, it is found that the petitioner has made out a sufficient cause for acceding to the transfer request put forth by the petitioner. Resultantly, H.M.O.P.No.53 of 2016 is withdrawn from the file of the Family Court, Dindigul and transferred to the file of the Subordinate Court, Paramathi, Namakkal District for disposal as per law. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.
10.12.2018
Internet : Yes / No
Index : Yes / No
ssl
To:
1.The Family Court, Dindigul.
2. The Subordinate Court, Paramathi, Namakkal District. http://www.judis.nic.in 5 T.RAVINDRAN, J.
ssl Tr.C.M.P. (MD) No.213 of 2018 and C.M.P.(MD)No.5208 of 2018 10.12.2018 http://www.judis.nic.in