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Madras High CourtTR CMP(MD)/282/2015ordered

Sugapriya, v. Sarathi,

2016-03-01Honourable Ms.Justice V.M.Velumani2 pages

9BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P(MD)No.282 of 2015 and M.P.(MD).No.1 of 2015 Sugapriya

...Petitioner

Vs.

Sarathi

...Respondent

Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.220 of 2015 on the file of the Family Court, Tiruchirapalli and to transfer the same to the Subordinate Court, Ramanathapuram with direction to conduct the joint trial along with H.M.O.P.No.116 of 2012 pending disposal of Subordinate Court, Ramanathapuram.

For Petitioner :Mr.J.M.Hassanul Bazari For Respondent :Mr.B.Vinothkumar

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.220 of 2015 on the file of the Family Court, Tiruchirapalli and to transfer the same to the Subordinate Court, Ramanathapuram with a direction to conduct the joint trial along with H.M.O.P.No.116 of 2012 pending disposal of Subordinate Court, Ramanathapuram. 2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 15.11.2007 as per Hindu rites and customs. One Female child was born on 24.01.2009 in the wedlock. After delivery of the child, the respondent and his family members did not take the petitioner to the matrimonial home. The petitioner filed a petition in H.M.O.P.No.81 of 2010 on the file of the Sub-Court, Ramanathapuram, for divorce.

On the advise of the elders of the family members, the respondent agreed to live with the petitioner and thereafter, the petitioner withdrew H.M.O.P.No.81 of 2010 filed by her. Again, the respondent did not change his character and tortured the petitioner. Therefore, the petitioner left from the matrimonial home and filed another H.M.O.P.No.116 of 2013 on the file of the Sub-Court, Ramanathapuram, for divorce. Whileso, on 17.12.2014, H.M.O.P.No.116 of 2012 was dismissed for non-appearance. Immediately, the petitioner filed restoration petition and the same was restored to file. Thereafter, the petitioner filed C.R.P.(MD).No.1476 of 2014, for early disposal of H.M.O.P.No.116 of 2013. The respondent filed another petition in H.M.O.P.No.220 of 2015 on the file of the Family Court, Tiruchirapalli.

In the circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition. 3.According to the petitioner, she is residing at Trichy along with her minor child. She is not having any independent income and she is depending on her parents for her day to day expenses, including the https://hcservices.ecourts.gov.

travelling expenses. The distance between Ramanathapuram and Trichy is more than 200 kms and it is very difficult for her to travel such a long distance for each and every hearing.

4.The respondent did not file any counter.

5.I have heard Mr.J.M.Hassanul Bazari, learned counsel appearing for the petitioner and Mr.B.Vinothkumar, learned counsel appearing for the respondent and carefully perused the entire materials on record. 6.It is well settled law that whenever, the transfer petition is filed in matrimonial disputes, the convenience of the wife shall be given preference. Moreover, in order to avoid conflicting decisions, both the cases have to be tried together by the same Court. Therefore, I am of the view that the petition filed by the wife is liable to be allowed. 7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.220 of 2015 pending on the file of the Family Court, Tiruchirapalli is ordered to be withdrawn and transferred to the file of the Sub-Court, Ramanathapuram, to be tried along with H.M.O.P.No.116 of 2012.

The learned Judge Family Court, Tiruchirapalli, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.220 of 2015 to the transferee Court, within a week from the date of receipt of a copy of this order, if the same is not yet disposed of. The Registry is also directed to send back the papers that are pending before the Registry. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Judge, Family Court, Tiruchirapalli.

2.The Subordinate Judge, Ramanathapuram.

+1cc to M/s.J.M.Hassanul Bazari, Advocate in SR.11978 Tr.C.M.P(MD)No.282 of 2015 and M.P.(MD).No.1 of 2015 01.03.2016 ns PBK/AN-MP/SAR-I 11/03/2016 ::2P-4C::

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