J.Jenifer Joice v. F. Arunkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :09.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI and CMP Nos.11875 and 11885 of 2023 Mrs.J.Jenifer Joice .... Petitioner in both the petitions vs F.Arunkumar ... Respondent in both the petitions Tr.C.M.P No.496 of 2023 filed under Section 24 of Civil Procedure Code seeking to withdraw D.V.C.No.4 of 2021 on the file of Additional Mahila Court, Perambalur and transfer the same to Mahila Court, Trichy. Tr.C.M.P.No.497 of 2023 filed under Section 24 of Civil Procedure Code seeking to withdraw the petition in I.D.O.P.No.41 of 2021 on the file of Family Court, Perambalur and transfer the same to Family Court, Trichy. For Petitioner : Mr.B.Gopalakrishnan For Respondent : Mr.C.Prabakaran COMMON ORDER The present transfer petition has been filed by the petitioner seeking to withdraw D.V.C.No.4 of 2021 pending on the file of Additional Mahila Court, Perambalur and transfer the same to Mahila Court, Trichy and also 1/6

withdraw I.D.O.P.No.41 of 2021 pending on the file of Family Court, Perambalur and transfer the same to Family Court, Trichy.

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

3. Learned counsel for the petitioner took me through the averments set out in the affidavit filed in support of the Tr.C.M.Ps.

5. The petitioner expressed her inconvenience in attending the hearings at Permabalur.

6. Mr. C.Prabakaran, learned counsel for the respondent refutes the averments set out in both the Tr.C.M.Ps and states that they are merely self serving averments.

7. However, as consistently held by the Hon'ble Supreme Court, when the wife approaches the High Court or District Court, expressing serious inconvenience to travel long way and attend the hearings at a Court of choice 2/6

of the respondent/husband, the Court should be liberal in transferring such matrimonial matters.

8. I have gone through the affidavit filed in support of the petition. The petitioner has assigned genuine and acceptable reasons for being unable to attend the hearings at Perambalur.

9. In view of the above, this Court is of the opinion that the petitioner has made out a case for transfer of the cases, as prayed for.

10. Accordingly, both Tr.C.M.P.Nos.496 and 497 of 2023 are allowed and the proceedings in D.V.C.No.4 of 2021, pending on the file of Additional Mahila Court, Perambalur is withdrawn and transferred to Mahila Court, Trichy and the proceedings pending in IDOP No.41 of 2021 pending on the file of Family Court, Peramblur is withdrawn and transferred to Family Court, Trichy.

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11. The Additional Mahila Court, Perambalur is directed to send the entire records relating to D.V.C.No.4 of 2021 to Mahila Court, Trichy 3/6

forthwith.

12. The Family Court, Perambalur is directed to to send the entire records relating to I.D.O.P.No.41 of 2021 to Family Court , Trichy forthwith.

13. Considering the proceedings are pending from the year 2021 onwards, the Family Court, Trichy as well as Mahila Court, Trichy shall expedite the final disposal of the respective proceedings and ensure that the same will be finally disposed of within a period of four months from the date of receipt of a copy of this order.

14. With the above direction, both Tr.C.M.Ps are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 09.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr 4/6

To

1. I Additional Mahila Court, Perambalur

2. The Mahila Court, Trichy

3. The Family Court, Perambalur

4. The Family Court, Trichy 5/6

P.B.BALAJI.,J.

sr Tr.C.M.P.Nos.496 and 497 of 2023 09.06.2025 6/6