Madras High Court
A.Iswarya vs Chandrasekaran on 14 December, 2018
Author: T.Ravindran
Bench: T.Ravindran
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.RAVINDRAN
Tr.C.M.P. (MD) No.141 of 2018
and
C.M.P.(MD)No.2957 of 2018
A.Iswarya ... Petitioner
-vs-
Chandrasekaran ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure to withdraw the case H.M.O.P.No.216 of 2017 on
the file of the Principal Subordinate Court, Kumbakonam and transfer the
same to the file of the Family Court, Madurai.
For Petitioner : Mr.C.K.Latha
for M/s K.K.Kannan
For Respondent :Mrs.R.Rajalakshmi
for Mr.K.Govindarajan
ORDER
The petitioner is the wife. The respondent is the husband. It is seen that the respondent has levied a divorce case against the petitioner in H.M.O.P.No.216 of 2017 and the same is pending on the file of the Principal http://www.judis.nic.in 2 Subordinate Court, Kumbakonam. Seeking transfer of the above said proceeding to the Family Court, Madurai, the present transfer petition has been laid by the petitioner on the footing that she is working at Madurai and the respondent is living at Bangalore. Furthermore, the petitioner is affected by a disease “Congenital vitiligo” and taking treatment for the same at Madurai hospital and therefore, she has been advised not to travel long distance and in such view of the matter, prayed for transfer. Furthermore it is also stated that inasmuch as the respondent is working at Bangalore, he would not be seriously prejudiced if the proceeding is conducted at Madurai Court as prayed for.
2. Per contra the respondent's Counsel contended that the continuance of the proceeding at Kumbakoanm Court would not cause any prejudice to the petitioner and according to him, the transfer request has been made only to harass the respondent one way or the other and furthermore it is stated that though the respondent is working at Bangaloe, he is required to look after his aged parents who are residing at Kumbakonam and if the proceeding is transferred to Madurai Court, he would be put to loss and hardship and therefore, prays for the dismissal of the transfer petition.
http://www.judis.nic.in 3
3. Admittedly the distance between Madurai and Kumbakonam is on the higher side. Therefore, it is found that the petitioner would find it difficult and hardship in attending the proceeding at Kumbakonam Court and in addition to that the petitioner is suffering from the disease “Congenital vitiligo” as projected in the petition and would also find on that ground difficulty and inconvenience in attending the proceeding at Kumbakonam Court. Inasmuch as the respondent is working at Bangalore, in my considered opinion, he would not be seriously prejudiced in the conduct of the proceeding at Madurai Court as prayed for. Thus it is seen that the petitioner has made out a sufficient cause for acceding to the transfer request as put forth by her.
4. In all H.M.O.P.No.216 of 2017 is withdrawn from the file of the Principal Subordinate Court, Kumbakonam and transferred to the file of the Family Court, Madurai for disposal as per law. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.
14.12.2018
Internet : Yes / No
Index : Yes / No
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http://www.judis.nic.in
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T.RAVINDRAN, J.
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To:
1.The Principal Subordinate Court, Kumbakonam.
2. The Family Court, Madurai.
Tr.C.M.P. (MD) No.141 of 2018
and C.M.P.(MD)No.2957 of 2018 14.12.2018 http://www.judis.nic.in