Madras High Court
K.Radhika vs Chandrasekar on 30 October, 2019
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
Tr.C.M.P.No.584 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2019
CORAM
THE HONOURABLE MRS.JUSTICE BHAVANI SUBBAROYAN
TR C.M.P. No.584 of 2019
and
C.M.P.No.16812 of 2019
K.Radhika ... Petitioner
Vs.
Chandrasekar ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24
of C.P.C., to withdraw the HMOP. No.380 of 2019 pending on the file
of the Sub Court, Tambaram and to transfer the same to the file of the
V Additional Family Court, Chennai.
For Petitioner : Mr.S.Krishnamoorthy
For Respondent : Notice served – No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the HMOP. No.380 of 2019 pending on the file of the Sub Court, Tambaram and to transfer the same to the file of the V Additional Family Court, Chennai.
http://www.judis.nic.in 1 Tr.C.M.P.No.584 of 2019
2. The Respondent and petitioner are husband and wife. In the year 2010, the petitioner and the respondent loved each other. The petitioner's family opposed the love affair with the respondent and also refused to accept the marriage proposal. For which, the petitioner left from her parental home and she got married with the respondent on 20.08.2012 at Mela Tirupathi Temple, Medavakkam, Chennai as per Hindu Rites and Custom. Out of the wedlock, one female child viz., Pragathi was born on 20.03.2014. After the marriage, the petitioner and the respondent were living together in the respondent's house. Soon after the marriage, the respondent had resigned his job and spent time with his friends and used to drink alcohol. Further, the respondent has doubted her fidelity and he started to harass the petitioner mentally and physically. After the birth of the child, the respondent and his family members compelled the petitioner to go to job. Due to cruel attitude of the respondent, the petitioner left the matrimonial home along with her child and set up a rented house at Semmanchery. On 27.01.2019, the respondent went to the petitioner's house under the influence of alcohol, quarreled with the petitioner and damaged her two wheeler and taken the child. Therefore, the petitioner has given a complaint against the respondent before the All Women Police Station, Guindy. Having no other option, http://www.judis.nic.in 2 Tr.C.M.P.No.584 of 2019 the petitioner has filed a petition in HMOP. No.380 of 2019 on the file of the Sub Court, Tambaram for divorce. As a counter blast, the respondent has filed a petition for restitution of conjugal rights in HMOP. No.3167 of 2019, before the V Additional Family Court, Chennai. Therefore, she seeks transfer of the petition filed by the husband pending on the file of the V Additional Family Court, Chennai in HMOP. No.3167 of 2019 to the file of the Sub Court, Tabaram for avoiding conflicting order.
3. The learned counsel for the petitioner/wife would submit that the petitioner is living separately along with her child at Semmenjery. Being a lady, the petitioner finds it difficult to attend the proceedings in Tambaram as well as Chennai. Both the cases are arising out of the matrimonial dispute between the petitioner and the respondent. Therefore, it will be appropriate to transfer the case in HMOP. No.3167 of 2019 filed by the husband from Chennai to Tambaram, to try along with HMOP. No.380 of 2019 pending on the file of the Sub Court, Tambaram.
4. This Court ordered notice to the respondent through Court as well as privately and the same was served on him. Till date, no vakalat has been filed on behalf the respondent. Inspite of giving http://www.judis.nic.in 3 Tr.C.M.P.No.584 of 2019 sufficient opportunities, the respondent has not appeared in person or through his counsel. Hence, this Court is inclined to dispose of the matter on merits in accordance with law.
5. Heard the learned counsel for the petitioner and perused the materials available on record, None appears on behalf of the respondent.
6. It is seen from the records that both the petitioner as well as the respondents are filed two different cases at two difference places. Therefore, this Court is of the opinion that since both the cases are interconnected and Joint trial would meet ends of justice and also avoid conflicting orders. Considering the facts and circumstances of the case, this Court is inclined to withdraw the petition in HMOP. No.3167 of 2019 on the file of the V Additional Family Court, Chennai and transfer the same to the file of the Sub Court, Tambaram, to try along with the case in HMOP. No.380 of 2019.
7. Accordingly, H.M.O.P.No.3167 of 2019 pending on the file of V Additional Family Court, Chennai is to be withdrawn and transferred to the file of the Sub Court, Tambaram, to be tried along with the case in HMOP. No.380 of 2019.
http://www.judis.nic.in 4 Tr.C.M.P.No.584 of 2019
8. In the result, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
30.10.2019 Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order rli To
1.The Sub Court,Tambaram.
2.The VI Additional Family Court, Chennai. http://www.judis.nic.in 5 Tr.C.M.P.No.584 of 2019 V.BHAVANI SUBBAROYAN., J.
rli TR C.M.P. No.584 of 2019 and C.M.P.No.16812 of 2019 30.10.2019 http://www.judis.nic.in 6