Madras High Court
S.Shyamala vs P.Veeramani on 20 August, 2018
Author: T.Ravindran
Bench: T.Ravindran
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 14.08.2018 PRONOUNCED ON : 20.08.2018 CORAM THE HONOURABLE MR.JUSTICE T.RAVINDRAN Transfer CMP.No. 127 of 2018 and CMP.No.3490 of 2018 S.Shyamala ... Petitioner Vs. P.Veeramani ... Respondent Prayer :- Transfer Civil Miscellaneous Petition has been filed under Section 24 of CPC to withdraw the F.C.O.P.No.4105 of 2016 pending before the Principal Judge, Family Court, Chennai, is transferred to the Sub-Court, Rasipuram and transfer the same to competent court. For Petitioner : Mr.S.Vijayakumar For Respondent : No Representation/No Appearance set exparte vide order dated 14.08.2018 ORDER
The petitioner is the wife. The respondent is the husband.
2.Seeking transfer of FCOP.No.4105/2016 pending on the file of the Principal Judge, Family Court, Chennai to the Sub-Court, Rasipuram, the present transfer petition has been laid by the petitioner.
3.The respondent has laid FCOP.No.4105 of 2016 against the petitioner on the file of the Principal Judge, Family Court, Chennai for divorce on the ground of cruelty. It is found that the petitioner is contesting the abovesaid proceeding by filing a counter. It is further seen that the petitioner has laid a maintenance case against the respondent in M.C.No.1 of 2015 on the file of the Judicial Magistrate, Rasipuram, claiming the maintenance to her and her child.
4.Putting forth the case that the petitioner is living along with her child at her parents' house at Rasipuram and unable to travel to Chennai for attending the proceeding at Chennai and her mother is also very old and accordingly, praying for transfer of divorce proceeding pending on the file of the Family Court, Chennai to Sub-Court, Rasipuram, the present petition has been laid.
5.The reasons adduced by the petitioner for seeking the transfer had not been controverted by the respondent by contesting the proceeding, and as above seen, the respondent has not evinced any interest to contest the matter and accordingly, he being called, remaining absent and thereby set exparte.
6.It is thus found that the petitioner has made out a case for the transfer as prayed for. That apart, it is also seen that the maintenance case initiated by the petitioner against the respondent is pending on the file of the Judicial Magistrate, Rasipuram. It is thus found that when the respondent would also be required to attend the said proceeding at Rasipuram, it could be seen that by way of transferring the proceeding to Sub-Court Rasipuram, no serious prejudice would be caused to the respondent in any manner. Accordingly, it is found that the respondent has also not evinced interest to contest the matter by projecting any prejudice that may be caused to him, if the transfer request made by the petitioner is to be accepted. On the other hand, in view of the above reasonings, it is found that sufficient cause has been made out by the petitioner for accepting the transfer.
7. Further, it is also seen from the materials placed on record that the petitioner has filed HMOP No.118 of 2016 against the respondent for restitution of conjugal rights and it is seen that the abovesaid HMOP has been ordered in favour of the petitioner and it is the case of the petitioner that despite the order, the respondent had not evinced interest to lead the matrimonial life with her. On the other hand, it is her case that the respondent has levied the divorce proceeding against her in the Family Court, Chennai in FCOP No.4105 of 2016.
8.In the light of the above position, the FCOP.No.4105 of 2016 pending on the file of the Principal Judge, Family Court, Chennai is withdrawn and transferred to the file of the Sub-Court, Rasipuram for disposal according to law.
Resultantly, the Transfer Civil Miscellaneous Petition is allowed. Consequently, CMP.No.3490 of 2018 is closed.
20.08.2018 Index : Yes / No Internet : Yes / No sms To
1.The Principal Judge, Family Court, Chennai.
2.The Sub-Court, Rasipuram.
T.RAVINDRAN, J.
sms Pre-delivery Order made in Transfer CMP.No. 127 of 2018 and CMP.No.3490 of 2018 20.08.2018