Madras High Court
A.Sivakumar vs Viswapriya on 18 December, 2019
Author: R.Subramanian
Bench: R.Subramanian
Tr.C.M.P.(MD).No.287 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.12.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Tr.C.M.P.(MD).No.287 of 2019
and
C.M.P.(MD).No.6690 of 2019
A.Sivakumar .. Petitioner / Respondent
Vs.
Viswapriya .. Respondent / Petitioner
Prayer: Transfer Civil Miscellaneous Petition is filed under
Section 24 of the Code of Civil Procedure, 1908, prayed to
withdraw the case in H.M.O.P.No.143 of 2018, on the file of
the Family Court, Dindigul, and transfer the same to the file of
the Sub Court, Theni.
For Appellant : Mr.S.Sukumar
For Respondent : Mr.R.Manoharan
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http://www.judis.nic.in
Tr.C.M.P.(MD).No.287 of 2019
JUDGMENT
The husband has come up with this transfer petition seeking transfer of H.M.O.P.No.143 of 2018 pending on the file of the Family Court, Dindigul, to Sub Court, Theni, to be tried along with H.M.O.P.No.271 of 2017. While H.M.O.P.No.143 of 2018 has been filed by the wife seeking divorce before the Family Court, Dindigul, H.M.O.P.No.271 of 2017 has been filed by the husband before the Sub Court, Theni, seeking restitution of conjugal rights. It is also stated that the petition in H.M.O.P.No.271 of 2017 is in a part-heard stage. The evidence has been recorded.
2. The reason assigned by the husband for seeking transfer is that he is not allowed to conduct the proceedings before the Family Court in peace and his mother-in-law has abused him in the Court itself and the same has been noted by the Presiding Officer also. A complaint has also been lodged regarding such abusive behaviour of mother-in-law. 2/6 http://www.judis.nic.in Tr.C.M.P.(MD).No.287 of 2019
3. From the records available, it is seen that the wife is the resident of Dindigul and the husband/petitioner is the resident of Palanichetti Patti Village in Theni District. The fact that H.M.O.P.No.271 of 2017 is pending before the Sub Court, Theni, is not denied. However, in view of the settled position of law that the wife's convenience should have paramount consideration in the matters of transfer regarding to the matrimonial proceedings, I am of the considered opinion that both the proceedings, namely, H.M.O.P.No.143 of 2018, on the file of the Family Court, Dindigul, and H.M.O.P.No.271 of 2018, on the file of the Sub Court, Theni, could be transferred to the Sub Court, Dindigul, to be tried together and disposed of so that it would avoid the possibility of conflicting judgments also.
4. Hence, this Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.143 of 2018, on the file of the Family Court, Dindigul and H.M.O.P.No.271 of 2017, on the file of the Sub Court, Theni are withdrawn and both the cases are transferred to the Sub Court, Dindigul, to be disposed of in 3/6 http://www.judis.nic.in Tr.C.M.P.(MD).No.287 of 2019 accordance with law. No Costs. Consequently, connected miscellaneous petition is closed.
18.12.2019
Index : Yes / No
Internet : Yes / No
PJL
To
1.The Judge, Family Court, Dindigul.
2.The Sub Judge, Dindigul.
3.The Sub Judge, Theni.
4/6 http://www.judis.nic.in Tr.C.M.P.(MD).No.287 of 2019 5/6 http://www.judis.nic.in Tr.C.M.P.(MD).No.287 of 2019 R.SUBRAMANIAN, J.
PJL TR.C.M.P(MD).No.287 of 2019 18.12.2019 6/6 http://www.judis.nic.in