S. Poongodi v. R. Sitaraman S/O. J.Ranganatha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.01.2017 Coram The Honourable MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.160 of 2016 and C.M.P.No.4407 of 2016 S.Poongodi ... Petitioner vs.

R.Sitaraman ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the HMOP No.38 of 2013 pending on the file of the learned Subordinate Judge, Kanchipuram and to transfer the same to the II Additional Family Court, Chennai.

For Petitioner : Mr.G.Ashok Kumar For Respondent : Mr.M.Sriram

ORDER

The petitioner/wife has filed this petition seeking to withdraw the HMOP No.38 of 2013 pending on the file of the learned Subordinate Judge, Kanchipuram and to transfer the same to the file of the learned II Additional Family Court, Chennai.

2. The case of the petitioner is as follows: The respondent/husband has filed HMOP No.38 of 2013 under Section 13(i)(ia) of the Hindu Marriage Act, 1955 seeking divorce before the Sub Court, Kancheepuram on the ground of mental cruelty.

Whereas the petitioner/wife has filed O.P.No.3287 of 2013 under Section 9 of the Act, seeking restitution of conjugal rights, before the learned III Additional Family Court, Chennai. The said petition was dismissed for default. The petitioner/wife has also filed M.C.No.638 of 2015, before the II Additional Family Court, Chennai seeking maintenance and the same is pending. Since both the petitions are inter-connected to avoid multiplicity of proceedings, the above petition has been filed seeking transfer.

3. The respondent/husband has filed his counter. It is stated that the petitioner/wife only to harass him and his minor son has filed the above petition and is seeking transfer. Further, it is stated that he is employed in Kancheepuram and at present he has admitted his minor son in a residential school at Kancheepuram. It is also stated that the petitioner is not having any medical ailment. Further it will be very difficult for him to appear before the Family Court at Chennai for each and every hearing along with his minor son; however, the petitioner/wife need not appear before the Sub Court, Kancheepuram for each and every hearing and her presence is required only at the time of taking evidence. Accordingly, he prays for the dismissal of this petition.

4. Heard both sides.

5. On a perusal of the records, it is seen that the petitioner/wife has allowed the petition filed by her under Section 9 of the Act, to be dismissed for default and has filed a petition before the Family Court at Chennai seeking maintenance and seeks transfer of the petition filed by the respondent/husband before the Sub Court, Kancheepuram for divorce to be transferred to the file of the learned II Additional Family Court, Chennai. The petitioner herself has admitted in her petition that the minor child is in the custody of the respondent/husband.

6. From the above facts, it is clear that the conduct of the petitioner/wife in seeking transfer, has got no bona fide. Whereas the respondent/husband has admitted the minor child in a residential school in Kanchipuram and he is also working in Kanchipuram. In such circumstances, it will be difficult for him to attend each and every hearing at Chennai along with the minor child. Accordingly, I do not find any merit in this petition and the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vj2

To

1. The II Additional Family Judge Family Court, Chennai.

2. The Subordinate Judge, Kanchipuram +1cc to Mr.G. Ashokkumar, Advocate, S.R.No.1867 +1cc to Mr.T. Sriram, Advocate, S.R.No.1349 Tr.C.M.P.No.160 of 2016 and C.M.P.No.4407 of 2016 SK(CO) EU 30.1.17