Madras High Court
Jayanthi vs Ponnusamy
Author: M.V.Muralidaran
Bench: M.V.Muralidaran
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 31.07.2018
DELIVERED ON : 11.10.2018
CORAM
THE HON'BLE MR. JUSTICE M.V.MURALIDARAN
Tr.C.M.P.(MD)No.15 of 2018
and
CMP(MD)No.400 of 2018
Jayanthi .. Petitioner
vs
Ponnusamy .. Respondent
Petition filed under Section 24 of C.P.C., to withdraw the case in
H.M.O.P.No.142 of 2014 on the file of the 1st Additional Subordinate
Judge, Perambalur and transfer the same to the file of the Family
Court Judge, Trichy.
For Petitioner : Mr.T.Vadivelan
For Respondent : Mr.N.Sudhagar Nagaraj
ORDER
The petitioner is the respondent in HMOP.No.142 of 2014 on the file of the learned 1st Additional Subordinate Court, Perambalur has filed the present Tr.CMP.No.15 of 2018 to withdraw the case in http://www.judis.nic.in 2 H.M.O.P.No.142 of 2014 on the file of the 1st Additional Subordinate Judge, Perambalur and transfer the same to the file of the Family Court Judge, Trichy.
2.The case of the petitioner is that she got married with the respondent on 12.12.2013 at Arulmigu Vayaloor Murugan Temple in the presence of elders, relatives and friends of both families as per the right and rituals of Hindu Religion. At the time of marriage, the petitioner's parents were given 18 Sovereign of Gold Ornaments, House hold articles worth about Rs.75,000/- and cash of Rs.60,000/- as Srithana to the petitioner. Admittedly, it is the case of the petitioner is that there is no issue for them, out of their wedlock.
3.The petitioner / wife also states that after the marriage they have started their married life in the matrimonial house i.e. respondent's house and she was leading her matrimonial life with the respondent very peaceful manner with happy and blissful manner and served to the family of the respondent as dutiful wife with very conscious and oblige manner, but the respondent has not showed his love and affection with the petitioner as a loving husband without considering their future life.
http://www.judis.nic.in 3
4.The petitioner wife also states that the respondent has used to find fault with the petitioner, in each and every moment on the instigation of his both elder and younger sisters and his mother, since the respondent's elder and younger sisters and mother were frequently used filthy language and scolded the petitioner on many occasions. Though the petitioner had been tolerated all the teases and mental agony caused upon the petitioner by the respondent and his family members, for the purpose of leading the family life.
5.The respondent has used to send away the petitioner from the matrimonial house on various occasions, even for a small quarrel. In respect of that several mediations were conducted by the elders of both families for their re-union.
6.The petitioner wife further states that at the end, the respondent has kept the petitioner in house arrest for a week and thereafter her friend alone rescued the petitioner and taken back the petitioner to her parents house on 22.12.2014 and from that date onwards, the petitioner is residing with the shadows of her parents. Though the petitioner and her parents were tried to make compromise http://www.judis.nic.in 4 with the respondent and for re-union with the petitioner, but all the attempts were failed and on the only ground that the respondent/husband has not ready to live with the petitioner.
7.Though the petitioner is the house wife. She is leading her life with the help of her parents only, therefore, the petitioner has filed a petition for maintenance before the learned Family Court Judge, Trichy in M.C.No.97 of 2017 seeking maintenance from the respondent and the same is pending.
8.At the relevant of point of time, the petitioner has came to know about the filing of the HMOP.No.142 of 2014 by the respondent/ husband against the petitioner wife for divorce.
9.Being a lady and suffering without any maintenance from the year 2014 onwards and living with her parents. The petitioner is unable to travel each and every hearing before the learned 1st Additional Sub Court, Perambalur for attending the case in HMOP.No. 142 of 2014. Therefore, the petitioner is approaching this Court and filing this Transfer CMP.No.15 of 2018 for seeking the prayer to withdraw the case in H.M.O.P.No.142 of 2014 on the file of the learned http://www.judis.nic.in 5 1st Additional Subordinate Judge, Perambalur and transfer the same to the file of the learned Family Court Judge, Trichy for joint trial along with the M.C.No.97 of 2017.
10.I heard Mr.T.Vadivelan, learned counsel for the petitioner and Mr.N.Sudhagar Nagaraj, learned counsel for the respondent and perused the documents available on record.
11.It is the case of the petitioner is that the marriage was took place between the petitioner and the respondent on 12.12.2013 and she peacefully lived in the respondent's residence and the respondent settled the marital life in his house.
12.Oftenly the respondent's mother, who is the mother-in-law of the petitioner and also elder and younger sister of the respondent scolded the petitioner by using filthy language and the petitioner has tolerated all the teases and mental agony and to continue the married life with the respondent/husband.
13.Though on several occasions a wordy quarrel was arosed between the petitioner/wife and the respondent/husband and in fact http://www.judis.nic.in 6 the respondent/husband has sent the petitioner/wife to her parents house on several occasions and therefore at the relevant point of time, the Panchayat was conducted by the elders of both families for their re-union. But the petitioner was house arrest in a week and thereafter the petitioner's friend rescued her and took back to her parents house on 22.12.2014 from the date onwards, and thereafter, the petitioner / wife went to her parents house.
14.In the meantime, the respondent has filed the case in HMOP.No.142 of 2014 before the learned 1st Additional Subordinate Judge, Perambalur against this petitioner/wife for divorce.
15.Subsequently, the petitioner has filed M.C.No.97 of 2017 before the learned Family Court, Trichy within the jurisdiction of the petitioner's parents house, since the petitioner is residing with her parents house from the year 2014 onwards. She was unable to appearing every hearing in the case in HMOP.No.142 of 2014 filed by the respondent/husband. Therefore, she filed the present Transfer Civil Miscellaneous Petition seeking transfer the case in HMOP.No.142 of 2014 from the file of the learned 1st Additional Subordinate Judge, Perambalur to the file of the learned Family Court, Trichy. http://www.judis.nic.in 7
16.Denying the same, the learned counsel for the respondent/husband has reported before this Court that the case in HMOP.No.142 of 2014 in the year 2014 and she is regularly appearing for the past 3 years and after 3 years only she filed the M.C.No.97 of 2017 for maintenance before the learned Family Court, Trichy and now she is come forward by saying that she could not able to travel to the learned 1st Additional Subordinate Judge, Perambalur for attending the case in HMOP.No.142 of 2014 which one is after thought. Therefore, the respondent/husband prayed this Court to dismiss the Transfer Civil Miscellaneous Petition.
17.I considered the arguments on either parties and perused the documents available on record.
18.Admittedly, the marriage was took place in the year 2013 and the respondent/husband filed a petition seeking divorce in HMOP.No.142 of 2014 before the learned 1st Additional Subordinate Judge, Perambalur, in the year 2014, but after 3 years only the petitioner has filed M.C.No.97 of 2017 before the learned Family Court, Trichy.
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19.In Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, (2005) 12 SCC 237, the Hon'ble Supreme Court held that convenience of wife is of prime consideration.
20.Yet again, the Hon'ble Supreme Court in Arti Rani v. Dharmendra Kumar Gupta, (2008) 9 SCC 353, while dealing with a petition preferred by wife for transfer of proceedings on the ground that she was having minor child that it was difficult for her to attend the Court at Palamu, Daltonganj, which was in the State of Jharkhand and at a quite distance from Trichy, where she was now residing, with her child, ordered transfer of proceedings taking into consideration convenience of wife.
21.Admittedly, the petitioner is residing in her parents house from the year 2014 onwards at Trichy, whereas the case in HMOP.No. 142 of 2014 filed by the respondent which is pending before the learned 1st Additional Subordinate Judge, Perambalur. Therefore, if the divorce petition filed by the respondent in HMOP.No.142 of 2014 is transfer to the learned Family Court, Trichy, no prejudice would be caused to the respondent/husband, even otherwise as per the order of http://www.judis.nic.in 9 the Hon'ble Supreme Court, the convenience of the wife is of prime consideration.
22.Time and again, the Hon'ble Supreme Court and this Court held that it will not be conducive for a lady to travel all the distance from her place of present living to the place where the husband has instituted the case.
23.In the result:
(a) this Transfer Civil Miscellaneous Petition is allowed;
(b) the learned 1st Additional Subordinate Judge, Perambalur, is directed to transfer the HMOP.No.142 of 2014 from its file to the learned Family Court Judge, Trichy within a period of two weeks from the date of receipt of a copy of this order;
(c) the learned Family Court Judge, Trichy is directed to take both the HMOP.No.142 of 2014 and M.C.No.97 of 2017 and to dispose of the same within a period of three months from the date of receipt of a http://www.judis.nic.in 10 copy of this order;
(d) the appearance of the respondent/ husband is dispensed with except the appearace directed by the learned Family Court Judge, Trichy.
(e) No costs. Consequently, connected
miscellaneous petition is closed.
11.10.2018
vsv
Note:Issue order copy on 01.03.2019
Index : Yes
Internet : Yes
To
1.The Family Court, Trichy.
2.The 1st Additional Subordinate Judge, Perambalur.
http://www.judis.nic.in 11 M.V.MURALIDARAN, J.
vsv Pre-delivery order made in Tr.C.M.P.(MD)No.15 of 2018 and CMP(MD)No.400 of 2018 11.10.2018 http://www.judis.nic.in