P.Valarmathi v. V.P.Sivakumar

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.433 of 2015 M.P.No.1 of 2015 P. Valarmathi ... Petitioner Vs.

V.P. Sivakumar ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.77 of 2015 from the file of the Family Court, Tiruchirapalli and transfer the same to the file of the Family Court, Chennai.

For Petitioner : Mr. A.K. Mylsamy For Respondent : Mr. A. Mohamed Ismail

O R D E R

This petition is filed to withdraw H.M.O.P.No.77 of 2015 from the file of the Family Court, Tiruchirapalli and transfer 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 22.08.2004 as per Hindu rites and customs and after the marriage, both were living together in the matrimonial home at Chennai and in the wed lock, a female child was born on 29.04.2009. After the birth of the child, the respondent deserted the petitioner and took away all the jewels and filed HMOP No.77/2015 on the file of Family Court, Tiruchirapalli, for restitution of conjugal rights.

3. According to the petitioner, she and her minor child are residing at her brother's home at Chennai. The distance between Chennai and Tiruchirapalli is more than 300 kilometers and hence, it is very difficult for her to travel along with her minor child from Chennai to Tiruchirapalli to attend the

hearing.

The petitioner has also filed a petition in H.M.O.P.No.2460 of 2016 for divorce against the respondent and the same is pending before the III Additional Family Court, Chennai. Therefore, she prays for transfer of H.M.O.P.No.77 of 2015 from the file of the Family Court, Tiruchirapalli to the file of the Family Court, Chennai, to try along with H.M.O.P.No.2460 of 2016 pending on the file of the III Additional Family Court, Chennai.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

5. 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].

6. Having regard to the submissions made by the learned counsel for the petitioner along with the above decision, the petition in H.M.O.P.No.77 of 2015 is ordered to be withdrawn from the file of the Family Court, Tiruchirapalli, and transferred to the file of the Family Court, Chennai, to be tried along with H.M.O.P.No.2460 of 2016. The Family Court, Tiruchirapalli, is directed to transmit all the records pertaining to H.M.O.P.No.77 of 2015 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. On receipt of the records, the III Additional Family Court, Chennai, is directed to dispose both the cases jointly within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

lbm To

1. The Judge.

The Family Court, Tiruchirapalli.

2. The Judge, The Family Court, Chennai.

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

+1cc to M/S.K.Myilsamy, Advocate Sr.44106 +1cc to M/S.A.Mohamed Ismail Advocate Sr.44310 Tr.C.M.P. No.433 of 2015 ss[co] srg 12/07/2017