Poojasri vs Bala Alias Balamurugan on 15 December, 2021

[Cites 2, Cited by 0]

Madras High Court

Poojasri vs Bala Alias Balamurugan on 15 December, 2021

Bench: R.Subramanian

                                                                            Tr.CMP.Nos.340 & 519 of 2021
                                                                       and CMP.Nos.13974 & 8014 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 15.12.2021
                                                       CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                              Tr.CMP.Nos.340 & 519 of 2021
                                                          and
                                              CMP.Nos.13974 & 8014 of 2021

                     Poojasri                              ...Petitioner in Tr.CMP.No.340 of 2021

                     E.Bala @ Balamurugan                  ...Petitioner in Tr.CMP.No.519 of 2021

                                                          Vs.

                     Bala alias Balamurugan               ..Respondent in Tr.CMP.No.340 of 2021

                     Pooja Sri                            ..Respondent in Tr.CMP.No.519 of 2021

                     Prayer in Tr.CMP.No.340 of 2021: Transfer civil miscellaneous petition
                     filed under Section 24 of CPC, seeking to withdraw HMOP.No.319 of 2020
                     on the file of the Family Court at Cuddalore and transfer the same to the
                     Sub-Court, Ranipet to be tried jointly along with HMOP.NO.77 of 2021.


                     Prayer in Tr.CMP.No.519 of 2021: Transfer civil miscellaneous petition
                     filed under Section 24 of CPC, seeking to withdraw HMOP.No.77 of 2021
                     on the file of the Sub-Court, Ranipet and transfer the same to the Family
                     Court, Cuddalore to be tried along with HMOP.No.319 of 2020.



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https://www.mhc.tn.gov.in/judis
                                                                            Tr.CMP.Nos.340 & 519 of 2021
                                                                       and CMP.Nos.13974 & 8014 of 2021




                                  For Petitioner : Ms.Rayees Fathima for Mr.V.M.Venkataramana
                                                                       in Tr.CMP.No.340 of 2021
                                                Ms.N.Premalatha for Mr.R.Nalliyappan in
                                                                          Tr.CMP.No.519 of 2021
                                  For Respondent: Ms.N.Premalatha for Mr.R.Nalliyappan in
                                                                       Tr.CMP.No.340 of 2021
                                                  Ms.Rayees Fathima for Mr.V.M.Venkataramana
                                                                       in Tr.CMP.No.519 of 2021




                                             COMMON ORDER

In Tr.CMP.No.340 of 2021, the wife seeks transfer of HMOP.No.319 of 2020 on the file of the Family Court, Cuddalore to the Sub-Court, Ranipet to be tried along with HMOP.No.77 of 2021 filed by her.

2.In Tr.CMP.No.519 of 2021, the husband seeks transfer of HMOP.No.77 of 2021 on the file of the Sub-Court, Ranipet to the Family Court, Cuddalore to be tried along with HMOP.No.319 of 2020.

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https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.340 & 519 of 2021 and CMP.Nos.13974 & 8014 of 2021 \ 3.It is seen from the records that HMOP.No.319 of 2020 has been filed by the husband seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act. HMOP.No.77 of 2021 has been filed by the wife seeking restitution of conjugal rights. The wife is admittedly, a resident of Ranipet.

She is shown to be a resident of Ranipet even in the HMOP filed by the husband in HMOP.No.319 of 2020.

4.The law is settled that the convenience of the wife should be given preferrence in matters of transfer of matrimonial cases. Moreover, the proceedings at Ranipet are pending before a Sub-Court, where the presence of the parties is not required for every hearing. The proceedings at Cuddalore are pending before a Family Court, where the parties are required to appear for every hearing. The wife, being a resident of Ranipet, transfer of proceedings to Cuddalore will cause much inconvenience as she has to travel to Cuddalore for every hearing for appearing before the Family Court.

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https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.340 & 519 of 2021 and CMP.Nos.13974 & 8014 of 2021

5.Considering the fact that the proceedings at Ranipet are before a Sub-Court, the transfer of proceedings from Cuddalore to Ranipet will not cause much inconvenience to the husband as he is required to be present in person for every hearing before the Sub-Court. He can appear through counsel for non-essential hearings. Hence, HMOP.No.319 of 2020 pending on the file of the Family Court, Cuddalore is withdrawn and transferred to the Sub-Court, Ranipet to be tried along with HMOP.No.77 of 2021.

6.In view of the above, Tr.CMP.No.340 of 2021 is allowed and the Tr.CMP.No.519 of 2021 is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

15.12.2021 kkn Index:No Internet:Yes Speaking 4/7 https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.340 & 519 of 2021 and CMP.Nos.13974 & 8014 of 2021 To:-

1.The Family Court, Cuddalore.

2.The Sub-Court, Ranipet.

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https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.340 & 519 of 2021 and CMP.Nos.13974 & 8014 of 2021 R.SUBRAMANIAN, J.

KKN Tr.CMP.Nos.340 & 519 of 2021 and CMP.Nos.13974 & 8014 of 2021 6/7 https://www.mhc.tn.gov.in/judis Tr.CMP.Nos.340 & 519 of 2021 and CMP.Nos.13974 & 8014 of 2021 15.12.2021 7/7 https://www.mhc.tn.gov.in/judis

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