Thamari v. S.Leo Premkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN TR.C.M.P(MD).No.133 of 2018 and C.M.P(MD)No. 2872 of 2018 Thamari ... Petitioner/Respondent Vs.

S.Leo Premkumar ... Respondent/ Petitioner PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1908, praying to withdraw the I.D.O.P.No.1149 of 2016 on the file of the Family Court, Coimbatore and transfer the same to the file of the Family Court, Trichy to be tried along with M.C.No.48 of 2017. For petitioner : Mr.T.Lenin Kumar For respondent : No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of I.D.O.P.No.1149 of 2016 from the file of the Family Court, Coimbatore, to the file of the Family Court, Trichy, to be tried along with M.C.No.48 of 2017, which was filed by the petitioner.

2. The averments made by the petitioner is that the marriage between the petitioner and the respondent was solemnized on 17.08.2012 as per Christian rites and customs. After the marriage, they lived together at Viralimalai in Pudukottai District and they are blessed with one male child. During the marital life, the petitioner was put to harassment by the respondent and his family members. Subsequently, the respondent leaving the petitioner in the said address and went to Coimbatore and stayed in his parents home. While so, the respondent herein / husband of the petitioner has filed I.D.O.P.No.1149 of 2016 before the Family Court, Coimbatore, seeking divorce with false allegations, whereas the petitioner is residing at Trichy. The grievance of the petitioner is that she is residing at Trichy along with her 4 years old child in her parents home and she has filed a maintenance case in M.C.No.48 of 2017 before the Family Court, Trichy. Hence, it is very difficult for her to travel about https://hcservices.ecourts.gov.in/hcservices/

250 kms from Trichy to Coimbatore for attending each and every hearing of the divorce case along with her child. Hence, she seeks transfer of the said I.D.O.P.1149 of 2016 from the file of the Family Court, Coimbatore to the file of the Family Court, Trichy to try along with M.C.No.48 of 2017.

3. The learned counsel for the petitioner reiterated the averments made in the petition.

4. Though notice has been served to the respondent and his name is also printed in the cause list, he did not appear either in person or through any counsel.

5. Heard the learned Counsel for the petitioner and perused the materials available on record.

6. Considering the facts and circumstances of the case, I am inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, this petition is allowed with the following directions:

i) The learned Judge, Family Court, Coimbatore, is directed to transmit the entire records in I.D.O.P.No.1149 of 2016 to the file of the Family Court, Trichy, within a period of two weeks from the date of receipt of copy of this order.

ii) The learned Judge, Family Court, Trichy, after obtaining the records on transfer, is directed to dispose of I.D.O.P.No.1149 of 2016 and M.C.No.48 of 2017, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of four months thereafter.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To 1.The Judge, Family Court, Coimbatore.

2.The Judge, Family Court, Trichy.

+ 1 cc TO Mr.T.Lenin Kuamr , Advocate in SR No. 60640 PJL AE/JC/SAR2/25.04.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/ TR. C.M.P(MD).No.133 of 2018 10.04.2018