P.Prema v. U.Suresh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.737 of 2017 and C.M.P.No.15042 of 2017 P.Prema ... Petitioner/Respondent Vs.

U.Suresh Kumar ... Respondent/Petitioner Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.141 of 2017 pending on the file of the Subordinate Court, Ponneri and transfer the same to the file of the Family Court, Chennai.

For Petitioner : Mr.H.Manojin For Respondent : M/s.George Graham P.N for M/s.Devadason & Sagar

O R D E R

This petition is filed to withdraw H.M.O.P.No.141 of 2017 pending on the file of the Subordinate Court, Ponneri and transfer the same to the file of the Family Court, Chennai. 2.The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 22.03.2009 at J.B.Yess Hall, at Door No.51, C.T.H.Road, Thirumullaivoyl, Chennai as per Hindu Rites and Customs. In the wedlock a girl child was born on 13.03.2011. According to the petitioner, the respondent treated her with cruelty and was pressurising her to get more dowry. When she could not get more dowry from her parents, she along with minor daughter were thrown out from the matrimonial home by the respondent. The petitioner is living with her parents and minor daughter, depending upon the income of her father.

3.Mean while, the respondent has filed H.M.O.P.No.141 of 2017 on the file of the Subordinate Court, Ponneri for divorce. The petitioner is residing at No.414/94, First Main Road, (Cross street), KVS Nagar, Vellanur Village, Thirumullaivoyal, Chennai600 062. It is very difficult for her to take more than one bus to go to Ponneri to attend the Court proceedings. On the other hand, if H.M.O.P.No.141 of 2017 is transferred to Family Court, Chennai, it will be easy for the petitioner to attend the Court proceedings. The respondent is carrying on business in MMDA colony at Mathur and he can also easily attend the Family Court at Chennai.

4.The respondent filed counter affidavit and denied all the allegations made by the petitioner. The learned counsel for the respondent contended that H.M.O.P.No.141 of 2017 filed by the respondent is on the file of the Subordinate Court, Ponneri and there is no necessity to attend each and every hearing before Subordinate Court, Ponneri. It is sufficient to attend Court during trial or as and when ordered by the Court. On the other hand, if it is transferred to Family Court, Chennai, both the petitioner and respondent have to appear before the Court for each and every hearing and it will cause hardship to both the petitioner and respondent and prayed for dismissal of the Transfer Civil Miscellaneous Petition.

5.Heard the learned counsel for the petitioner as well as the respondent and perused the materials available on record. 6.It is well settled law that 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 as per the provisions of the Hindu Marriage Act, the place of the residence of the wife must be taken into account.

7. Having regard to the submissions made by the learned counsel for the petitioner and the decisions of the Hon'ble Apex Court referred to above, the residence of the petitioner is at Chennai and considering the fact that the petitioner is not having any transport facility to reach Ponneri and for the convenience of both the parties, the petition in H.M.O.P.No.141 of 2017 is ordered to be withdrawn from the file of the Subordinate Court, Ponneri and transferred to the file of the Family Court, Chennai. The learned Subordinate Judge, Ponneri, is directed to transmit all the records pertaining to H.M.O.P.No.141 of 2017 to the file of the Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar gsa To 1.The Subordinate Judge, Ponneri.

2.The Family Court Judge, Chennai.

+1cc to Mr.P.V.Rajeswari, Advocate SR.No.27399 +1cc to Mr.Devadasan & Sagar, Advocate SR.No.27447 Tr.C.M.P. No.737 of 2017 and C.M.P.No.15042 of 2017 GJ(CO) GN(10/05/2018)