Mrs Yuvarani v. G.Hemasudhakar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-06-2017 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.No.370 of 2017 and C.M.P.No.7259 of 2017 Mrs.Yuvarani ... Petitioner Vs.

G.Hemasundhakar ... Respondent Petition filed under Section 24 of the Civil Procedure Code, to withdraw the HMOP No.58 of 2014 from the file of Learned Subordinate Judge, Maduranthakam and to transfer the same to the file of the Learned III Additional Family Court, Chennai to be tried jointly alongwith O.P No.843 of 2017.

For Petitioner : Mr.G.Jeremiah For Respondent : Mr.K.Govi Ganesan

O R D E R

This transfer petition is filed to withdraw the HMOP No.58 of 2014 from the file of Learned Subordinate Judge, Maduranthakam and to transfer the same to the file of the Learned III Additional Family Court, Chennai to be tried jointly alongwith O.P No.843 of 2017.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and the respondent was conducted on 27.11.2009 as per Hindu rites and customs. In the wedlock, a female child was born on 13.08.2010. Due to difference of opinion, the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.58 of 2014 before the Subordinate Judge, Maduranthakam for divorce. The petitioner filed I.A.No.14 of 2017 seeking maintenance for herself and for her child. The petitioner also instituted O.P.No.843 of 2017 before III Additional Family Court, Chennai for restitution of conjugal rights.

3. According to the petitioner, she is residing at Chennai alongwith her parents and minor child. The distance between Chennai and Maduranthakam is more than 85 kms. and being a lady, it is very difficult for her to attend each and every hearing

before the Family Court, Dharmapuri along with her minor child. She is not having any independent income and is depending on her parents for her day-to-day expenses, including the travelling expenses. In these circumstances, she has come out with the present Transfer Civil Miscellaneous Petition.

4. Heard the learned counsel for the petitioner as well as respondent and perused the materials available on record.

5. It is well settled law whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another]. Further, the petitioner has also given valid and sufficient reasons to transfer the case in H.M.O.P.No.58 of 2014 pending on the file of Sub Court, Maduranthakam to III Additional Family Court, Chennai where O.P.No.843 of 2017 filed by the petitioner is pending.

6. Considering the facts and circumstances of the present case and having satisfied with the reasons given in the affidavit filed in support of the petition, without deciding the issue on merits, the petition in HMOP No.58 of 2014 is ordered to be withdrawn from the file of Sub Court, Maduranthakkam and transferred to the file of III Additional Family Court, Chennai. The Presiding Officer, Sub Court, Madurantakkam is directed to transmit all the records pertaining to H.M.O.P.No.58 of 2014 to the file of III Additional Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the records, the Presiding Officer, III Additional Family Court, Chennai is directed to dispose of both HMOP Nos.58 of 2014 & OP No.843 of 2017, as expeditiously as possible, in any event, not later than six (6) months from the date of receipt of case bundles from the concerned court.

7. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar rgr

To

1. The Subordinate Judge, Madurantakkam.

2. The III Additional Judge, Family Court, Chennai.

+1 CC to Mr.K. Govi Ganesan, Advocate sr 44470 +1 CC to Mr. G. Jermiah, Advocate sr 44008 Tr.C.M.P.No.370 of 2017 RJ(CO) sp(11/07/2017)