Jayashree v. P.Raja Rajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.09.2019 Coram THE HON'BLE MRS. JUSTICE BHAVANI SUBBAROYAN Tr.C.M.P.No.690 of 2019 and C.M.P.Nos.19660 and 19662 of 2019 Jayashre

...Petitioner/Respondent

Vs.

P.Rajarajan

...Respondent /Petitioner

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Cr.P.C., to withdraw HMOP. No.197 of 2019, on the file of the Sub Court, Pudukottai and transfer the same to the Principal Family Court, Chennai.

For Petitioner : Mr.S.Vinoth Kumar For Respondent : Mr.S.Prabhu

O R D E R

This Transfer Civil Miscellaneous Petition has been filed by the petitioner to withdraw HMOP. No.197 of 2019, on the file of the Sub Court, Pudukottai and transfer the same to the Principal Family Court, Chennai.

2. The respondent and the petitioner are husband and wife. The marriage between the petitioner and the respondent was solemnized on 06.11.2016 at Pathmini Amman Kovil nearby the residence of the respondent and the reception took place at Arockia Matha Public Community Hall at Pudukottai as per the Hindu rites and customs. After marriage, the couple were living at Chennai and both are working in private company. From the day of marriage, the respondent has not any interest to lead a matrimonial life in happy. The respondent demanded entire salary from the petitioner and forced her to bring Sridhana jewels to meet out his financial crisis. The respondent used to come home at late night and quarrel with the petitioner and abused her by

using filthy language. Subsequently, the respondent left from the house and he has filed a petition in HMOP. No.197 of 2019 before the Principal Sub Court, Pudukkottai for dissolution of marriage on the ground of cruelty. Hence, the petitioner seeks transfer the case from Pudukkottai to Chennai.

3. The learned counsel for the petitioner would submit that the petitioner is working in a private company and she is depending upon her income for her livelihood. Further, she is staying along with her age old parents and they cannot accompany with her to Pudukkottai. Being a lady, she is unable to travel alone to Pudukkottai, which is around 390 km. distance from Chennai for attending the Court proceedings. Hence, the petitioner came this Court by way of this petition, seeks transfer the case pending before the Sub Court, Pudukkottai to the file of the Family Court, Chennai.

4. The learned counsel appearing for the respondent would submit that the respondent is working in IBM, Porur and he has no objection to transfer the case.

5. Heard the learned counsel for the petitioner as well as the respondent. Perused the materials available on record.

6. Considering the convenience of both the parties, this Court is inclined to transfer the petition filed by the husband for dissolution of marriage to the file of the Family Court, Chennai.

7. Accordingly, H.M.O.P.No.197 of 2019 pending on the file of Sub Court, Pudukkottai is withdrawn and transferred to any one of the Family Court, Chennai.

8. In the result, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Sub Court, Pudukkottai.

2. The Family Court, Chennai.

+1cc to Mr.S.Vinoth, Advocate Sr.82628 Tr.C.M.P.No.690 of 2019 and C.M.P.Nos.19660 and 19662 of 2019 vg II[co] srg 09/12/2019