Madras High Court
A.Beula Martin vs J.Rajesh Singh on 15 June, 2017
Author: V.M.Velumani
Bench: V.M.Velumani
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.06.2017 CORAM : THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.255 of 2017 and C.M.P.No.4838 of 2017 A.Beula Martin ... Petitioner Vs. J.Rajesh Singh ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw IDOP.No.112 of 2016 from the file of the Family Court, Chengalpattu and transfer to the file of the Court of District Judge of Kanyakumari at Nagercoil. For Petitioner : Mr.J.John Jayakumar For Respondent : No appearance O R D E R
This petition is filed to withdraw IDOP.No.112 of 2016 from the file of the Family Court, Chengalpattu and transfer to the file of the District Court, Nagercoil in Kanyakumari District.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnised on 29.07.2006 as per Christian rites and customs. In the wedlock, two children were born to them. Due to difference of opinion, the petitioner and respondent are living separately. The respondent filed IDOP.No.112 of 2016 for restitution of conjugal rights, before the Family Court, Chengalpattu.
3. According to the petitioner, she is residing with her parents at Nagercoil in Kanyakumari District. The distance between Kanyakumari and Chengalpet is more than 600 kilometres and hence, it is very difficult for her to travel from Kanyakumari to Chengalpet to attend the hearing along with her minor children. Moreover, she has no independent income and she has to depend on her parents including travelling expenses. Therefore, she prays for transfer of IDOP.No.112 of 2016 from the file of the Family Court, Chengalpattu to the file of the District Court, Kanyakumari at Nagercoil.
4. Though the name of the respondent has been printed in the cause list, there is no representation on behalf of him either in person or through counsel.
5. Heard the learned counsel for the petitioner.
6. It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another].
7. Having regard to the submissions made by the learned counsel for the petitioner along with the above decisions, the petition in IDOP.No.112 of 2016 is ordered to be withdrawn from the file of the Family Court, Chengalpattu and transferred to the file of the District Court, Kanyakumari at Nagercoil. The Presiding Officer, Family Court, Chengalpattu, is directed to transmit all the records pertaining to IDOP.No.112 of 2016 to the file of the District Court, Kanyakumari at Nagercoil, within a period of two weeks from the date of receipt of a copy of this order.
8. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.
15.06.2017 gv V.M.VELUMANI,J.
gv To
1. The Family Court, Chengalpattu.
2.The District Court, Nagercoil, Kanyakumari District.
Tr.C.M.P. No.255 of 2017and C.M.P.No.4838 of 2017 15.06.2017 http://www.judis.nic.in