S. Sathish Kumar v. S. Kalaivani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.No.270 of 2018 and C.M.P.No.6836 of 2018 S.Sathish Kumar .. Petitioner Vs.

S.Kalaivani .. Respondent PRAYER: Petition filed under Section 24 of the Civil Procedure Code, to withdraw M.O.P.No.14 of 2018 pending on the file of the Family Court, Karaikal and transfer the same to the file of the Sub Court, Mannarkudi to be tried along with H.M.O.P.No.34 of 2018.

For Petitioner : Mr.Ma.P.Thangavel For Respondent : Mr.R.Vasudevan for M/s.T.Susindran

O R D E R

This Transfer Civil Miscellaneous Petition has been filed by the husband to withdraw M.O.P.No.14 of 2018 pending on the file of the Family Court, Karaikal and transfer the same to the file of the Sub Court, Mannarkudi to be tried along with H.M.O.P.No.34 of 2018.

2.According to the petitioner, he has filed H.M.O.P.No.34 of 2018 before Sub Court, Mannarkudi for divorce on the ground of cruelty and desertion against the respondent. On receiving notice in the said H.M.O.P, as a counter blast, the respondent filed M.O.P.No.14 of 2018 on the file of the Family Court, Karaikal for restitution of conjugal rights. The petitioner is residing at Mullaivasal, Needamangalam along with his aged mother. The distance between Mannarkudi and Karaikal is 100 kms and it will be difficult for the petitioner to travel to Karaikal along with his aged mother to attend the Court proceedings. Hence the petitioner has filed the present Transfer Civil Miscellaneous Petition to transfer M.O.P.No.14 of 2018 pending on the file of the Family Court, Karaikal to the file of

the Sub Court, Mannarkudi to be tried along with H.M.O.P.No.34 of 2018.

3.The learned counsel for the petitioner submitted that the respondent is residing at Karapakkam, Chennai. Only to harass the petitioner, she has filed M.O.P.No.14 of 2018, without any cause of action. Her uncle is a driver and is having contact with political persons. If petitioner goes to Karaikal, his life will be in danger. The Hon'ble Apex Court had held that trial must be conducted in a fair manner without prejudice to the parties rather than considering the convenience of the wife alone.

4.The learned counsel for the respondent denied various contentions made against her and contended that the respondent is residing at Karaikal along with minor son and if Transfer Civil Miscellaneous Petition is allowed and M.O.P.No.14 of 2018 pending on the file of the Family Court, Karaikal is transferred to the file of the Sub Court, Mannarkudi, it will be very difficult for her to travel from Karaikal to Mannarkudi as she is not having independent income to maintain herself and minor son 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.The petitioner is seeking transfer on the ground that he is not having income, his aged mother cannot accompany him and there is life threat from the respondent and her uncle if he is goes to Karaikal to conduct the case. The petitioner filed additional typed set of papers, enclosing the complaint dated 02.04.2018 sent to the Inspector of Police, Karaikal Police Station, wherein he has stated that the respondent's sister's husband threatened him on 31.03.2018 when he went to Karaikal to engage an Advocate to conduct the case. The said person threatened to murder him if he appears before the Court on the next date of hearing and demanded Rs.50,00,000/- from the petitioner.

The petitioner has filed another complaint dated 10.04.2018 sent to the Inspector of Police, Karaikal Police Station, wherein he requested for police protection to attend the hearing on 20.04.2018 and he has filed xerox copy of the receipt issued by the Professional Couriers for sending complaint dated 02.04.2018.

7.According to the petitioner, he was in Karaikal on 31.03.2018 for engaging an Advocate when the respondent's sister's husband threatened the petitioner to murder him. He has not given any complaint in person to the Inspector of Police, Karaikal and has not stated that police has refused to receive

the complaint. The petitioner has not taken any steps for getting the complaint registered. Even in the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, there is no averments with regard to such incidents. 8.Considering the above facts, the Transfer Civil Miscellaneous Petition is dismissed as the petitioner has not made out any case for transfer. No costs. Consequently, connected Miscellaneous Petition is closed.

gsa Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To The Judge, Family Court, Karaikal.

+1cc to Mr.T.Susindran, Advocate SR.No.36428 +1cc to Mr.Ma.P.Thangavel, Advocate Sr.No.36524 SS(CO) sm:29.6.2018 Tr.C.M.P.No.270 of 2018 and C.M.P.No.6836 of 2018