V.Magesh, v. M.Dhivya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN,J Transfer C.M.P.(MD) No.38 of 2018 and C.M.P.(MD) No.926 of 2018 V.Magesh ... Petitioner/Respondent/Husband -vsM.Dhivya ... Respondent/Petitioner/Wife Prayer: Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw and transfer H.M.O.P.No.270 of 2017 on the file of Honourable Subordinate Judge, Tuticorin, to the court of Honourable Family Court, Tiruchirappalli and pass such further or other orders as this Honourable Court may deem fit for the circumstances of the case and thus render justice. For Petitioner : M/s.T.Banumathy For Respondent : No Appearance *****

O R D E R

The petitioner, who is the husband of the respondent has filed this transfer petition with the prayer to transfer the case filed by his wife seeking divorce in H.M.O.P.No.270 of 2017 pending on the file of learned Subordinate Judge, Tuticorin, to the Court of Hon'ble Family Court, Tiruchirappalli.

2. It is the case of the petitioner / husband that the respondent / wife has filed a petition in HMOP No.270 of 2017 before the learned Subordinate Judge, Tuticorin for divorce, whereas the petitioner / husband has filed a petition in HMOP No.362 of 2017 before the Family Court, Tiruchirappalli for restitution of conjugal rights and both the petitions are pending.

3. It is the further case of the petitioner / husband that the respondent / wife is now living in Tirunelveli and not in Tuticorin and the parents of the respondent / wife are influential people in the said locality and have money and muscle power. Since the petitioner and the responded loved each other and married against the wishes of the parents, her parents attempt to utilize the present situation to wreck vengeance against the petitioner.

4. The petitioner also states that he wants to conduct the proceedings freely without any fear or pressure and therefore, in the interest of justice, the case in HMOP No.270 of 2017 pending on the file of the learned Subordinate Judge, Tuticorin may be transferred to the Family Court, Tiruchirappalli and seeking the said prayer, he has filed the present transfer petition before this Court.

5. The reasons adduced by the petitioner in support of his prayer for transfer cannot be accepted, as the petitioner himself has stated that the respondent wife and her parents are living in Tirunelveli and therefore, the question of life threat upon him in Tuticorin does not arise at all. The petitioner has neither produced a copy of the complaint given to Police nor has filed any affidavit to that effect. Moreover, the respondent wife has been attending the case filed by the petitioner in HMOP No.362 of 2017 before the Family Court, Tirucirappalli for restitution of conjugal rights regularly. Since the petitioner has not made out any valid grounds for transfer of the case, this transfer petition is liable to be dismissed.

6. At this juncture, the learned counsel for the petitioner / husband has submitted that the petitioner / husband is ready to pay Rs.1,000/- per hearing to the wife towards travelling expenses for attending the case at Trichy.

7. In view of the above submission, this transfer petition is disposed of with the following directions:

a) the petition filed by the wife in HMOP No.270 of 2017 before the learned Subordinate Judge, Tuticorin, seeking divorce, is hereby transferred to the file of Family Court, Tiruchirappalli to be tried along with HMOP No.362 of 2017 and the connected Guardian and Wards petition;

b) the petitioner / husband is directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) per hearing to the respondent wife so as to enable her to attend the case at Tiruchirappalli;

c) after transfer of the case, the Family Court at Trichy is directed to dispose of both HMOP Nos.270 and 362 of 2017, within a period of six months from the date of receipt of a copy of this order;

d) it is made clear that in the event of the petitioner failing to pay the travelling expenses to the respondent wife, the petition filed by the wife in HMOP Nos.270 of 2017 will stand automatically transferred to the file of Tuticorin Court.

No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Subordinate Judge, Tuticorin.

2. The Judge, Family Court, Tiruchirappalli.

+1cc to M/s.T.Banumathy, Advocate Sr.No.59769 AR VB/SKN/RSK/SAR1/17/04/2018/3P/4C Transfer C.M.P.(MD) No.38 of 2018 04.04.2018