L.Mohanapriya v. G.Mano

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and C.M.P. (MD) No. 3407 of 2024 L.Mohanapriya ... Petitioner -vsG.Mano ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer H.M.O.P. No. 25 of 2024 on the file of the Family Court, Sivagangai to the Family Court, Dindigul and to be tried along with M.C. No. 5 of 2024.

For Petitioner : Mr. C.Gangai Amaran For Respondent : No Appearance

O R D E R

This application invoking Section 24 of the Code of Civil Procedure, 1908, has been filed relating to a matrimonial dispute between the parties. The Husband, viz., G.Mano, has filed H.M.O.P. No. 25 of 2023 seeking for divorce from his Wife, viz., L.Mohanapriya, in the Family Court, Sivagangai, which is sought to be transferred by the Wife to the Family Court, Dindigul. 1/4

2.

Heard Mr. C.Gangai Amaran, Learned Counsel for the Wife and perused the materials placed on record, apart from the pleadings of the parties. Though notice has been served on 12.04.2024, the Husband has not entered appearance till date.

3.

It is the case of the Wife that she is residing with her aged parents and she would have to travel a distance of more than 90 kms from Dindigul to the Family Court, Sivagangai to effectively defend the case filed against her by the Husband. It has also been brought to notice that the Wife had earlier filed an application in M.C. No. 5 of 2024 seeking maintenance under Section 125 of the Code of Criminal Procedure, 1973, before the Family Court, Dindigul, apart from D.V.O.P. No. 7 of 2024 before the Court of Judicial Magistrate (Additional Mahila) Court, Dindigul, which are pending. 4.

In such circumstances and taking into account the rationale behind Section 21-A(2)(b) of the Hindu Marriage Act, 1955, this Court is of the considered view that balance of convenience is in favour of conducting the proceedings at the Court within whose territorial limits of jurisdiction the residence of the Wife is located.

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5.

In view of the foregoing discussion, the case in H.M.O.P. No. 25 of 2024 on the file of the Family Court, Sivagangai is transferred to the Family Court, Dindigul and both parties shall appear before that Court on the next date of hearing, which is fixed as 05.06.2024, for conduct of further proceedings from its present stage, and on the subsequent dates to which it is adjourned, from time to time till final order is passed.

In the result, the Transfer Civil Miscellaneous Petition is ordered on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

26.04.2024 Index : Yes/No Internet : Yes/No ta To

1. The Family Court, Sivagangai.

2.The Family Court, Dindigul.

3. The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

4.L.Mohanapriya, D/o.Lakshmanan, Canara Bank Backside, Sanarpatti, Natham Taluk, Dindigul District. 3/4

P.D. AUDIKESAVALU, J.

ta 5.G.Mano, S/o.Ganapathi Pillai, Kozhikudipatti Village and Post, Singampuneri Taluk, Sivagangai District.

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