Darthy, W/O. T.C. Jeeva v. T.C. Jeeva Bharathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN TR. C.M.P(MD).No. 178 of 2018 and C.M.P. (MD) No.4242 of 2018 Darthy ...

Petitioner/Respondent Vs.

T.C. Jeeva Bharathi ...

Respondent/Petitioner PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, praying to withdraw the H.M.O.P. No.196 of 2018 on the file of the Family Court, Madurai and transfer the same to the Principal Subordinate Court, Dindigul or any other competent Court at Dindigul.

For Petitioner :

Mr.R.V. Rajkumar For Respondent :

No Appearance *****

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the H.M.O.P. No.196 of 2018 on the file of the Family Court, Madurai and transfer the same to the Principal Subordinate Court, Dindigul or any other competent Court at Dindigul.

2. The learned Counsel appearing for the petitioner would submit that the marriage between the petitioner and the respondent was solemnized on 29.05.2017 at Jananayaga Samathuva Sangam, Madurai Veeran Kovil Street, Nilakkottai, Dindigul District in the presence of friends and the same was registered before the Sub-Registrar, Nilakkottai. He would further submit that since it was love marriage, there was no support from the petitioner's family and the respondent's family has accepted them and they have started their matrimonial life at the respondent's home and lived them happily and peacefully. After two months, the petitioner came to know that the respondent had already married one Chithra and suppressed the same, the respondent married the petitioner. After that, the respondent and his first wife have continued their illegal relationship even after the divorce. Thereafter the respondent and his family members have tortured the petitioner mentally and physically and started to demand dowry and in October 2017, the petitioner went to her parent's home.

3. In the meantime, the petitioner has filed a petition for divorce before the Principal Subordinate Court, Dindigul on 20.11.2017 along with an application in I.A.No.98 of 2017 seeking permission to file divorce petition as the divorce petition was filed before completion of one year and the respondent has also https://hcservices.ecourts.gov.in/hcservices/

entered appearance through his counsel and requested time to file a counter and the matter was posted on 15.06.2018. Thereafter, the respondent has filed a petition in H.M.O.P No. 196 of 2018 for restitution of conjugal rights before the Family Court, Madurai. He would further contend that the petitioner is working in Dindigul and it is very difficult for the petitioner to travel from Dindigul to Madurai for attending each and every hearing of the case. Therefore, she has come forward with the present petition for transfer of the case.

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

5. Being satisfied with the reasons stated in the affidavit filed in support of this petition as well as considering the well settled law that convenience of woman has to be taken into consideration at the time of considering transfer applications as held by the Hon'ble Supreme Court in the judgment reported in 2008 (9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), I am inclined to allow the present petition.

6. Accordingly, this petition is allowed with the following directions:

(i) The learned Judge, Family Court, Madurai, is directed to transmit the entire records in H.M.O.P.No.196 of 2018 to the file of the Principal Subordinate Court, Dindigul within a period of two weeks from the date of receipt of copy of this order.

ii) The learned Principal Subordinate Judge, Dindigul after obtaining the records on transfer, is directed to dispose of the H.M.O.P. No.196 of 2018, within a period of four months thereafter, in accordance with law.

No costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar (Crl Side) /True copy/ Sub Assistant Registrar To

1. The Judge, Family Court, Madurai.

2. The Principal Subordinate Court, Dindigul.

+1cc to Mr.R.V.RAJKUMAR, Advocate, SR.No. 71805 TR. C.M.P (MD).No. 178 of 2018 05.07.2018 KSA KK/SKN RSK/SAR-2/20.07.2018/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/