Madras High Court
Angel Nancy vs A.Arokia Daniel Thanaraj on 7 July, 2020
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
Tr.C.M.P.No.691 of 2019
Angel Nancy .. Petitioner
Versus
A.Arokia Daniel Thanaraj .. Respondent
Prayer: Petition has been filed under Section 24 of the Civil Procedure Code praying to
withdraw I.D.O.P.No.94 of 2019 pending on the file of the learned Principal District Judge,
Thanjavur, and transfer the same to the file of the learned Principal District Judge,
Cuddalore.
For Petitioner : Mr.R.ThanigaiArasu
For Respondent : Mr.R.Radhika
ORDER
The petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer I.D.O.P.No.94 of 2019 from the file of learned Principal District Judge, Thanjavur, to the file of learned Principal District Judge, Cuddalore. The said IDOP was filed by the respondent/husband seeking for restitution of conjugal rights.
2. Learned counsel for the petitioner/wife submitted that the marriage between the petitioner and the respondent was solemnized on 17.09.2015 at St.Marys Cathedral http://www.judis.nic.in Church, Kumbakonam, as per the Christian Rites and Rituals in the presence of parents, relatives and friends. One of the allegations of the respondent/husband is that the petitioner/wife is impotent. However, after medical examination, it is reported that the respondent/husband is impotent. Therefore, she left from the matrimonial home in February'2018, and she is now living with her parents at Cuddalore. Whileso, after a period of one year, the respondent/husband has filed I.D.O.P.No.94 of 2019 seeking for restitution of conjugal rights before the learned Principal District Judge, Thanjavur. It is further submitted that the petitioner/wife is now living with her old age parents at Cuddalore, hence, it is not feasible for her to travel from Cuddalore to Thanjavur, which is about 160 kms., to attend each and every hearing. Therefore, she has prayed for the transfer of the above said IDOP filed by her husband to the file of the learned Principal District Judge, Cuddalore.
3. Learned counsel for the respondent/husband submitted that there is no need for the petitioner/wife to appear in I.D.O.P.No.94 of 2019 filed by her husband before the learned Principal District Court, Thanjavur, hence, the matter need not be transferred. It is further argued that the respondent/husband is prepared to live with her wife/petitioner. However, it is seen from the records that both the parties have appeared before the Mediation Centre, but, it was ended in failure.
4. Thus, considering the fact that the petitioner/wife has to undertake long travel for about 160 kms. to attend each and every hearing, which is not feasible, the present Transfer Civil Miscellaneous Petition filed by the wife is allowed. In fine, I.D.O.P.No.94 of http://www.judis.nic.in 2019 filed by the husband is withdrawn from the file of learned Principal District Judge, Thanjavur, and consequently, transferred to the file of learned Principal District Judge, Cuddalore. On such transfer, learned Principal District Judge, Cuddalore, shall dispose of the same in the manner known to law as expeditiously as possible. Consequently, connected CMP.No.19666 of 2019 is closed.
07.07.2020 rkm To
1. Principal District Court, Thanjavur.
2.Principal District Court, Cuddalore.
http://www.judis.nic.in T.RAJA, J.
rkm Tr.C.M.P.No.691 of 2019 07.07.2020 http://www.judis.nic.in