Gracy Milcah v. I.Johnson

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P(MD)No.453 of 2015 and M.P.(MD).No.1 of 2015 Gracy Milcah ... Petitioner/Respondent Vs.

I.Johnson ... Respondent/Petitioner Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code r/w Order Rule 1(2) of C.P.C, to withdraw I.D.O.P.N.86 of 2015 from the file of the Family Court, Madurai and transfer the same to the file of the District Judge, Virudhunagar, Srivilliputhur.

For Petitioner : Mr.A.P.Athithan For Respondent : No appearance

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw I.D.O.P.N.86 of 2015 from the file of the Family Court, Madurai and transfer the same to the file of the District Judge, Virudhunagar, Srivilliputhur.

2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 05.05.2014. One female child was born on 06.04.2015 in the wedlock. Due to dispute arose between them, both are living separately. The respondent filed I.D.O.P.No.86 of 2015 before the Family Court, Madurai for restitution of conjugal rights.

3.According to the petitioner, she is residing with her parents at Thiruthangal along with her female child. She is not having any independent income and she is depending on her parents for her day to day expenses, including the travelling expenses. The distance between Thiruthangal and Madurai is more than 70 kms and it is very difficult for her to attend each and every hearing https://hcservices.ecourts.gov.in/hcservices/

along with her children. In the circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition for the aforesaid relief.

4.I have heard Mr.A.P.Athithan, learned counsel appearing for the petitioner and though notice was seved on the respondent and his name is also printed in the cause list, he has not chosen to appear either in person or through counsel and carefully perused the entire materials on record.

5.It is well settled law that whenever, the transfer petition is filed in matrimonial disputes, the convenience of the wife shall be given preference. Therefore, I am of the view that the petition filed by the wife is liable to be ordered. 6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed and the I.D.O.P.No.86 of 2015 pending on the file of the Family Court, Madurai is ordered to be withdrawn and transferred to the file of the District Court, Virudhunagar, Srivilliputhur. The learned Judge Family Court, Madurai, is directed to transmit the entire records pertaining to the case in I.D.O.P.No.86 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(AE) /TRUE COPY/ Sub Assistant Registrar To

1. The Judge, Family Court, Madurai.

2. The District Judge, Virudhunagar at Srivilliputhur. +1cc to Mr.T.R.Subramanian, Advocate, Sr.No.20739 ns JM/GSV-PM/29.04.2016/2P-4C Tr.C.M.P(MD)No.453 of 2015 and M.P.(MD).No.1 of 2015 13.04.2016 https://hcservices.ecourts.gov.in/hcservices/