Mrs.Gilara v. Mr.Tricous Paulraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 21.08.2018 PRONOUNCED ON : 27.08.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN Transfer CMP.No. 480 of 2018 and CMP.No.11922 of 2018 Gilara ...

Petitioner Vs.

Tricous Paulraj ...

Respondent Prayer :- Transfer Civil Miscellaneous Petition has been filed under Section 24 of CPC to withdraw the FCOP No.25 of 2018 from the file of the Family Court, Chengalpattu and transfer the same to the file of Principal District Court, Coimbatore, to be tried jointly along with DOP No.333 of 2017.

For Petitioner : Mr.R.Munusamy For Respondent : Mr.A.Raghu Raman

ORDER

The petitioner is the wife. The respondent is the husband. 2.The marital life between the parties is not cordial. It is found that the petitioner has laid DOP No.333 of 2017 against the respondent for restitution of conjugal rights and the same is pending on the file of the Principal District Court, Coimbatore. It is further seen that seeking maintenance from the respondent, the petitioner has also levied M.C.No.243 of 2017 against the respondent and the same is pending on the file of the Family Court, Coimbatore. It is further seen that thereafter, the respondent has levied a petition for divorce against the petitioner in FCOP No.25 of 2018 and the same is pending on the file of the Family Court, Chengalpattu. 3.In the light of the abovesaid position, contending that the petitioner is experiencing hardship and inconvenience in travelling to Chengalpattu from Coimbatore for attending the hearings of the divorce proceeding laid by the respondent and putting forth that inasmuch as the petitioner has laid two

proceedings against the respondent and the same are pending on the file of the Courts at Coimbatore, it is stated that inasmuch as the respondent would be required to attend the abovesaid proceedings at Coimbatore, accordingly, the petitioner sought for the transfer of the divorce proceeding laid by the respondent from the Chengalpattu Court to the Coimbatore Court as by way of the same, no serious prejudice would be caused to the respondent and further, it is stated that common trial of the proceedings by one and the same Court would be beneficial to both the parties and the same would avoid conflict of decisions. 4.Admittedly, two proceedings are pending at Coimbatore Courts laid by the petitioner. The divorce proceeding laid by the respondent is pending on the file of the Chengalpattu Court.

Accordingly, it is found that for defending the proceedings laid by the petitioner, the respondent would be required to attend the Coimbatore Courts now and then. In such view of the matter, inasmuch as common issues arise between the parties in respect of the divorce proceeding and the proceeding laid by the petitioner for restitution of conjugal rights, in the interest of justice, the consolidation of two proceedings would be beneficial to both the parties and accordingly, it is seen that if both the proceedings and to be tried by one and the same Court together, the parties would be required to adduce common evidence and further, the same would also avoid conflict of decisions. The abovesaid approach would be in the interest of both the parties and also would advance the cause of justice.

Further, the hardship that may be caused to the petitioner should also be taken into consideration, she already having laid the maintenance claim against the respondent, which is pending in the Coimbatore Court.

5.In the light of the above factors, in the interest of justice, the FCOP No.25 of 2018 is withdrawn from the file of the Family Court, Chengalpattu and transferred to the file of the Principal District Court, Coimbatore for joint trial along with DOP No.333 of 2017 as per law.

Accordingly, the Transfer Civil Miscellaneous petition is allowed. Consequently, connected CMP No.11922 of 2018 is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar

sms To 1.The Judge Family Court, Chengalpattu.

2.The Principal District Judge, Coimbatore.

+1 CC to Mr.R. Munuswamy, Advocate sr 58249.

Transfer CMP.No. 480 of 2018 and CMP.No.11922 of 2018 SP(11/09/2018)