Madras High Court
Chitra vs Shanmugasudaram on 5 March, 2024
Author: G.Ilangovan
Bench: G.Ilangovan
Tr.C.M.(MD)Nos.189 of 2013 & 42 and 43 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 05/03/2024
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN
Tr.CMP(MD)Nos.189 of 2023, 42 and 43 of 2024
and
CMP(MD)Nos.4054 of 2023,483 and 495 of 2024
(1)Tr.CMP(MD)No.189 of 2023:-
Chitra : Petitioner/Respondent
Vs.
Shanmugasudaram : Respondent/Petitioner
PRAYER:-Transfer Civil Miscellaneous Petition is
filed under section 24 r/w 151 of the Civil Procedure
Code, to withdraw the case on the file of the Family
Court Judge, Ariyalur in FCHMOP No.247 of 2022 and
transfer the same to the Principal Subordinate Judge,
Kumbakonam, Thanjavur District and pass such further or
other orders.
For Petitioner : Mr.B.Anandan
For Respondent : Mr.M.Karunanithi
2.Tr.CMP(MD)No.42 of 2024:-
Shanmugasundaram : Petitioner/
1st Respondent/Husband
Vs.
Chitra : Respondent/
Petitioner/Wife
https://www.mhc.tn.gov.in/judis
1/7
Tr.C.M.(MD)Nos.189 of 2013 & 42 and 43 of 2024
PRAYER:-Transfer Civil Miscellaneous Petition is
filed under section 24 r/w 151 of the Civil Procedure
Code, to withdraw the petition in DVC No.18 of 2023 on
the file of the Judicial Magistrate Court No.1,
Kumbakonam and transfer the same to the Family Court,
Ariyalur and pass such further or other orders.
For Petitioner : Mr.M.Karunanithi
For Respondent : Mr.S.Anandhan
3.Tr.CMP(MD)No.43 of 2024:-
Shanmugasundaram : Petitioner/
1st Respondent/Husband
Vs.
Chitra : Respondent/
Petitioner/Wife
PRAYER:-Transfer Civil Miscellaneous Petition is
filed under section 24 r/w 151 of the Civil Procedure
Code, to withdraw the petition in MC No.12 of 2023 on the
file of the Chief Judicial Magistrate, Thanjavur at
Kumbakonam and transfer the same to the Family Court,
Ariyalur and pass such other or further orders.
For Petitioner : Mr.M.Karunanithi
For Respondent : Mr.S.Anandhan
COMMON ORDER
Tr.CMP(MD)No.189 of 2023 is filed by the wife seeking transfer of the proceedings of the Family Court Judge, Ariyalur in FCHMOP No.247 of 2022 to the Principal https://www.mhc.tn.gov.in/judis 2/7 Tr.C.M.(MD)Nos.189 of 2013 & 42 and 43 of 2024 Subordinate Judge, Kumbakonam, Thanjavur District, whereas Tr.CMP(MD)Nos.42 and 43 of 2024 have been filed by the husband seeking transfer of the proceedings in DVC No.18 of 2023 on the file of the Judicial Magistrate No.1, Kumbakonam and MC No.12 of 2023 on the file of the Chief Judicial Magistrate, Kumbakonam to the file of the Family Court, Ariyalur.
2.The facts in brief:-
The marriage between the husband and wife took place on 06/12/2012 as per the customary rites at Swamimalai Swaminathaswamy Thirukovil. After the marriage, they started living in the matrimonial home. After that, the husband went to Singapore for his job leaving the wife. Thereafter, due to mental and physical torture made by the husband and his family members, the wife was forced to leave the matrimonial home. In the meantime, the husband filed a petition in FCHMOP No.247 of 2022 before the Family court, Ariyalur seeking the relief of divorce and now it is pending for adjudication. Thereafter, the wife filed DVC No.18 of 2023 on the file of the Judicial Magistrate No.1, Kumbakonam as well as MC No.12 of 2023 on the file of the Chief Judicial Magistrate, Kumbakonam and both petitions are also pending for adjudication. https://www.mhc.tn.gov.in/judis 3/7 Tr.C.M.(MD)Nos.189 of 2013 & 42 and 43 of 2024
3.Tr.CMP(MD)No.189 of 2023 is filed by the wife seeking transfer of the case in FCHMOP No.247 of 2022 on the ground that now she is living in Kumbakonam along with her aged parents and she has to travel Ariyalur ,which is more than 120 kms from her locality.
4.Similarly, the husband filed Tr.CMP(MD)Nos.42 and 43 of 2023 seeking transfer of the proceedings DVC No.18 of 2023 on the file of the Judicial Magistrate No.1, Kumbakonam as well as MC No.12 of 2023 on the file of the Chief Judicial Magistrate, Kumbakonam on the ground that both the cases are tried separately by different courts and there is every possibility for conflict of findings.
5.Heard both sides.
6.The learned counsel appearing for the husband would contend that he has also facing life threat at the hands of the wife's family. Apart from that also, he would submit that if court feels, transfer must be ordered in between Kumbakonam and Ariyallur, preferably at Thanjavur.
7.But this sort of contention cannot be raised and accepted. In a matrimonial proceedings, the convenience of the wife is a parameter.
https://www.mhc.tn.gov.in/judis 4/7 Tr.C.M.(MD)Nos.189 of 2013 & 42 and 43 of 2024
8.So without going into other aspects, petition filed by the wife in Tr.CMP(MD)No.189 of 2023 is allowed. The petitions filed by the husband in Tr.CMP(MD)Nos.42 and 43 of 2014 stand dismissed. Accordingly, H.M.O.P.No. 247 of 2022 pending on the file of the Family Court, Ariyalur is transferred to the Principal Sub Judge, Kumbakonam. The Family Court, Ariyalur is directed to transmit the case papers to the Principal Sub Judge, Kumbakonam, within a period of four weeks from the date of receipt of a copy of this order. After receiving the records, the Principal Sub Judge, Kumbakonam, may assign new number and conduct the trial, after issuing notice to the parties for appearance and dispose the case in accordance with law. No costs. Consequently, connected Miscellaneous Petitions are closed.
05/03/2024 Index:Yes/No Internet:Yes/No er https://www.mhc.tn.gov.in/judis 5/7 Tr.C.M.(MD)Nos.189 of 2013 & 42 and 43 of 2024 To,
1.The Family Court, Ariyalur.
2.The Principal Sub Court, Kumbakonam, Thanjavur District.
3.The Judicial Magistrate No.1, Kumbakonam.
4.The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 6/7 Tr.C.M.(MD)Nos.189 of 2013 & 42 and 43 of 2024 G.ILANGOVAN, J er Tr.CMP(MD)Nos.189 of 2023, 42 and 43 of 2024 05/03/2024 https://www.mhc.tn.gov.in/judis 7/7