Madras High Court
Balamurugan vs Alagusarathy on 12 January, 2024
Author: G. Ilangovan
Bench: G.Ilangovan
TR. CMP(MD)No.741of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
TR. C.M.P.(MD)No.741 of 2023
and CMP(MD)No.16485 of 2023
Balamurugan ...Petitioner
Vs.
Alagusarathy ...Respondent
PRAYER: Civil Revision Petition is filed under Section 151 of
Civil Procedure Code to withdraw the case in O.P.No.2 of 2023, on
the file of the Family Court, Sivagangai, Sivagangai District and
transfer the same to the Family Court, Madurai, Madurai District.
For Petitioner : Mr.R.Murugappan
For Respondent : Mr. R.Sridhar
1/6
https://www.mhc.tn.gov.in/judis
TR. CMP(MD)No.741of 2023
ORDER
This petition is filed seeking transfer of O.P.No.2 of 2023 from the file of the Family Court, Sivagangai, Sivagangai District to the file of the Family Court, Madurai.
2. Heard both sides and perused the materials available on record.
3. The facts in brief:
i)The petitioner herein filed H.M.O.P.No.2 of 2023 before the Family Court, Sivagangai, Sivagangai District for divorce mentioning the following grounds:
ii) The marriage between the parties took place on 20.01.2008 as per the customary rites and they were living together and three children were born to them. From the year 2020, there was change of character noticed in the behavior of the respondent.
Continuous trouble was made to get the property settled in his name. Apart from that, his conduct was also doubted. On 06.09.2021, the 2/6 https://www.mhc.tn.gov.in/judis TR. CMP(MD)No.741of 2023 petitioner was physically assaulted by the family members of the respondent. On 04.10.2022 he has also settled the property in favour of the respondent. Even after that, there was no cordiality between them. The property was also settled in favour of the petitioner on 16.12.2022. After that, she was avoiding conjugal relationship and subsequently, he was physically assaulted and his mobile phone and other jewelry were robbed at the instance of the respondent on 16.12.2022 for which a case in Crime No.599 of 2022 was also filed. He was taking treatment as in-patient from 16.12.2022 to 17.12.2022.
4. Pending the process, the petitioner has filed this petition seeking transfer of O.P.No.2 of 2023 from the file of the Family Court, Sivagangai to the file of the Family Court, Madurai on the ground that the distance between Madurai and Sivagangai is more than 50 kms and he has to catch three buses to reach the Family Court, Sivagangai. Another ground is that he is a permanent resident of Madurai.
3/6 https://www.mhc.tn.gov.in/judis TR. CMP(MD)No.741of 2023
5. The petitioner filed in O.P.No.2 of 2023 before the Family Court, Sivagangai and at that time, his address is mentioned as Puliyur Village, Samathanm (Po), Thirupuvanam (TK) and address of the respondent is also mentioned as Samatham (PO), Puliyur Village. Now both of them are residing in the very same address. The petitioner wants to transfer the case to the file of the Family Court, Madurai stating that now he is residing in Madurai but his present full address in Madurai is not mentioned in the petition. Having filed the petition before the Family Court, Sivagangai invoking jurisdiction on the basis of cause of action as well as residence, without proper reasons, this petition is filed by the petitioner for transfer. Hence, this petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
12.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
CM
4/6
https://www.mhc.tn.gov.in/judis TR. CMP(MD)No.741of 2023 To
1.The Family Court, Sivagangai, Sivagangai District
2.The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai.
5/6 https://www.mhc.tn.gov.in/judis TR. CMP(MD)No.741of 2023 G. ILANGOVAN, J.
CM TR. C.M.P.(MD)No.741 of 2023 and CMP(MD)NO.16485 of 2023 12.01.2024 6/6 https://www.mhc.tn.gov.in/judis