Madras High Court
John Louis Mary vs John Joseph Bernadshaw @ Bernardshaw on 17 September, 2019
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
TR.C.M.P.No.513 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2019
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
TR.C.M.P.No.513 of 2019
and
C.M.P.No.14253 of 2019
John Louis Mary ... Petitioner
Vs.
John Joseph Bernadshaw @ Bernardshaw ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the petition in IDOP.No.61 of 2018 from
the file of the Family Court, Trichy and transfer the same to the file of the
Family Court, Karaikal.
For Petitioner : Mr.S.Sounthar
For Respondent : Mr.C.Karthik
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking for transfer of IDOP.No.61 of 2018 pending on the file of the Family Court, Trichy, to the file of the Family Court, Karaikal. http://www.judis.nic.in 1/4 TR.C.M.P.No.513 of 2019
2. It is stated in the affidavit filed in support of this petition that the marriage between the petitioner and the respondent was solemnized on 16.06.2016 at St.Antny's Church, Kattur Trichy. Initially the petitioner and the respondent were lived happily, but in the due course, the respondent started to pick up quarrel with the petitioner unnecessarily and started to beat her along with his siblings. Thereafter, the petitioner was thrown out from the matrimonial home by the respondent and therefore, she is now residing with her parents at Karaikal.
3. It is further stated in the affidavit that the respondent filed a divorce petition in IDOP.No.61 of 2018 before the Family Court at Trichy, whereas the petitioner filed a maintenance petition in M.C.No.4 of 2019 before the Family Court at Karaikal. Since the petitioner's father is aged about 75 years, she could not travel to Trichy which is about 156 Kms without a male companion, and further the respondent is already attending the hearings in the maintenance case filed by the petitioner at Karaikal and therefore, if the IDOP.No.61 of 2018 filed by the respondent is transferred to the Family Court at Karaikal, both the cases can be taken up simultaneously by fixing a common hearing date. Therefore, she seeks transfer of the same from the file of the Family Court, Trichy, to the file of the Family Court, Karaikal. http://www.judis.nic.in 2/4 TR.C.M.P.No.513 of 2019
4. Denying the allegations of the petitioner, the respondent has filed a counter affidavit and submitted that after the marriage was solemnized on 16.06.2016 between himself and the petitioner, he was informed by the petitioner that she was not interested to marry him, she was completely forced by the parents to marry him and the marriage was happened without her proper consent. Further, the respondent has submitted that it is the petitioner who picked up unwanted quarrel with him and his family members and left the matrimonial home on 15.10.2016 and they have not sent out the petitioner from the matrimonial home. Moreover, the respondent has submitted that the petitioner was already examined as PW1 in the above maintenance case and the matter is now posted for RW evidence, and in the above divorce case, the petitioner has already engaged a counsel and therefore, it is needless for her to appear in-person for each and every hearing and she has to mark her presence only at the time of trial proceedings. Hence, he sought for dismissal of this transfer petition.
5. Though this petition has been filed seeking transfer of IDOP.No.61 of 2018 from the file of the Family Court, Trichy, to the file of the Family Court, Karaikal, after the mutual discussion, both the counsels have accepted to transfer the IDOP.No.61 of 2018 from the file of the Family Court, Trichy, to the file of the Family Court, Nagapattinam. Hence, this Court is inclined to transfer the same to the file of the Family Court, Nagapattinam. http://www.judis.nic.in 3/4 TR.C.M.P.No.513 of 2019 V.BHAVANI SUBBAROYAN.J., raja
6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the IDOP.No.61 of 2018 pending on the file of the Family Court, Trichy, is withdrawn and transferred to the file of the Family Court, Nagapattinam. No Costs. Consequently, the connected miscellaneous petition is closed.
17.09.2019 raja Index : yes/no Internet : yes/no To
1. The Presiding Officer, Family Court, Trichy.
2. The Presiding Officer, Family Court, Nagapattinam. TR.C.M.P.No.513 of 2019
and C.M.P.No.14253 of 2019 http://www.judis.nic.in 4/4