Madras High Court
Malathi@Jenifer vs Prasanna on 24 September, 2019
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
Tr.CMP.No.73 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2019
CORAM
THE HONOURABLE MRS.JUSTICE BHAVANI SUBBAROYAN
TR C.M.P. No.73 of 2019
and
C.M.P.No.2784 of 2019
Malathi@Jenifer ... Petitioner
Vs.
Prasanna ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24
of C.P.C., to withdraw IDOP. No.189 of 2018 on the file of the Principal
District Court, Tiruvallur and to transfer the same to the I Additional
Family Court, Chennai to be tried along with IDOP. No.3247 of 2018.
For Petitioner : Mr.N.Naresh
For Respondent : Mr.V.Kannadasan
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking withdraw IDOP. No.189 of 2018 on the file of the Principal District Court, Tiruvallur and to transfer the same to the I Additional Family Court, Chennai to be tried along with IDOP. No.3247 of 2018. http://www.judis.nic.in 1 Tr.CMP.No.73 of 2019
2. The Respondent and the petitioner are husband and wife. The marriage between the petitioner and the respondent was solemnized on 08.06.2017 in Punidha Sagaya Annai Thiruthalam, Basin Bridge, Chennai. After marriage, the respondent set up the matrimonial home at Pulianthope, Chennai-12. In the wedlock, they have no child. The marriage life was happy for sometime. The respondent had illicit relationship with one Rehima, who is living in Pulianthope. Due to which, the respondent used to quarrel with the petitioner. During January 2018, the respondent left the home and taken away all the jewels and his clothes. The parents of the petitioner requested the respondent to re-join with the petitioner and the same was refused by him. Subsequently, the petitioner has filed a petition in IDOP. No.3247 of 2018 before the I Additional Family Court, Chennai for restitution of conjugal rights. Thereafter, the respondent has filed a petition in IDOP No.189 of 2018 before the Principal District Court, Thiruvallur for dissolution of marriage on the ground of cruelty and desertion. The petitioner/wife is the resident of Chennai. She finds it difficult to travel from Chennai to Thiruvallur to attend the Court proceedings. Therefore, she seeks transfer the divorce petition filed by the husband from Thiruvallur to the Family Court, Chennai. http://www.judis.nic.in 2 Tr.CMP.No.73 of 2019
3. The learned counsel for the petitioner/wife would submit that now the petitioner is living at Chennai along with her aged parents. She is unemployed and she is depending upon her parents for her livelihood and also it would not be safe for the petitioner to travel alone from Chennai to Tiruvallur for attending the Court proceedings. Because the respondent's family member are very well influenced in that area. Therefore, it will be appropriate to transfer the case filed by her husband from Tiruvallur to Family Court, Chennai, to be tried along with the petition for restitution of conjugal rights filed by the petitioner.
4. The learned counsel for the respondent/husband would submit that the respondent denied all the allegations made by the petitioner and he had not in an illicit relationship with one Rehima. The Petitioner is unemployed and therefore, she can very well attend the Court in Tiruvallur. No prejudice would be caused to her. Hence, the learned counsel prays to dismiss this petition.
5. Heard the learned counsel for the petitioner as well as the respondent and perused the materials available on record. http://www.judis.nic.in 3 Tr.CMP.No.73 of 2019
6. It is seen from the records that both the petitioner and the respondent have filed two different proceedings in two different places, in order to avoid conflicting Judgments, it would be appropriate to try both the proceedings together in a same place.
7. Considering the averments made in the affidavit filed in support of this petition and the fact that Section 19(iii-a) of the Hindu Marriage Act, gives preference for the wife in respect of the place where she resides, this Court feels it is appropriate to withdraw IDOP No.189 of 2018 pending on the file of the Principal District Court, Tiruvallur and transfer the same to the file of I Additional Family Court, Chennai to try along with IDOP. No.3247 of 2018.
8. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and IDOP No.189 of 2018 pending on the file of the Principal District Court, Tiruvallur is to be withdrawn and transferred to the file of I Additional Family Court, Chennai to tried along with IDOP. No.3247 of 2018. No costs. Consequently, connected miscellaneous petition is closed.
24.09.2019 http://www.judis.nic.in 4 Tr.CMP.No.73 of 2019 Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order rli To
1.The Principal District Court, Tiruvallur.
2.The I Additional Family Court, Chennai.
http://www.judis.nic.in 5 Tr.CMP.No.73 of 2019 V.BHAVANI SUBBAROYAN., J.
rli TR C.M.P. No.73 of 2019 and C.M.P.No.2784 of 2019 24.09.2019 http://www.judis.nic.in 6