Madras High CourtTR CMP/369/2017allowed

R. Sudar Vizhi v. P. Kannan

2017-10-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2017

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.369 of 2017 and C.M.P.No.7229 of 2017 R.Sudar vizhi ... Petitioner Vs.

P.Kannan ... Respondent Prayer:- The Transfer Petition filed under Section 24 of the Civil Procedure Code praying to withdraw and transfer H.M.O.P. No. 45 of 2017 which is pending before the Family Court, Madurai to be tried along with M.C.No.43 of 2017, which is pending before the Principal Family Court, Coimbatore District. For Petitioner : Mr.P.Saravanan For Respondent : Sd-No appearance

O R D E R

The petitioner/wife in a matrimonial dispute has filed above Transfer Civil Miscellaneous Petition, seeking to withdraw H.M.O.P. No. 45 of 2017, pending on the file of Family Court, Madurai and transfer the same to the Principal Family Court Coimbatore, where the petitioner has already filed M.C. No. 43 of 2017 and the same is pending.

2. The respondent/husband has filed the above H.M.O.P. No. 45 of 2017 under Section 10 of the Hindu Marriage Act, before the Family Court, Madurai for Judicial Separation of marriage held between the petitioner and the respondent on 08.06.2016. The wife has also filed a petition in M.C. No. 43 of 2017 under Section 125 of the Criminal Procedural Code Act, before the Principal Family Court, Coimbatore.

3. It is stated that the petitioner/wife is now residing at Coimbatore with her parents and there is a distance of 400 kilometers between Coimbatore and Madurai. It would be difficult for her to undertake for each hearing, as the matter is pending before the Family Court, Madurai. Whereas, the wife has already filed M.C. No. 43 of 2017 pending on the file of Principal https://hcservices.ecourts.gov.in/hcservices/

Family Court, Coimbatore for which the respondent is already traveling to Coimbatore.

4. Heard the learned counsel for the petitioner. Though the respondent/husband served with notice, he has not cared to represent either in person or through counsel.

5. Considering the provisions of Hindu Marriage Act under Section 19(iii-a), which gives preference for the wife in respect of the place where she resides, it would be appropriate to transfer the H.M.O.P. No.45 of 2017 from the file of Family Court, Madurai to the file of Principal Family Court, Coimbatore to be tried along with the M.C. No. 43 of 2017 which is already pending. No prejudice would be caused to the respondent if the matter is transferred, considering the convenience of the wife.

6. Accordingly, this Transfer Civil Miscellaneous petition is allowed and H.M.O.P. No. 45 of 2017 pending on the file of Family Court, Madurai shall stand withdrawn and transferred to Principal Family Court, Coimbatore to be tried along with M.C. No. 43 of 2017. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Deputy Registrar True Copy Sub-Assistant Registrar msvm/rsi To

1. The Family Court, Madurai.

2. The Principal Family Court, Coimbatore.

+1 CC to Mr.P. Saravanan , Advocate sr 76501. Tr.C.M.P.No.369 of 2017 and C.M.P.No.7229 of 2017 SP(06/12/2017) https://hcservices.ecourts.gov.in/hcservices/