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Madras High CourtTR CMP(MD)/245/2019allowed

Nagalakshmi v. Senthilkumar

2019-08-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2019

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Tr.C.M.P.(MD)No.245 of 2019 and C.M.P.(MD)No.5683 of 2019 1.Nagalakshmi 2.Minor.Divyabharathi 3.Minor.Janapiryan : Petitioners/Respondents [Petitioners 2 and 3 are represented by their mother and natural guardian 1st petitioner] .. Vs ..

Senthilkumar : Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw H.M.O.P.No.132 of 2017 on the file of Sub Court, Palani and transfer the same to Sub Court, Paramakudi.

For Petitioners : Mr.G.Prabahari For Respondent : Mr.D.Venkatesh

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw and transfer H.M.O.P.No.132 of 2017 on the file of the Sub Court, Palani, to the Sub Court, Paramakudi.

2.It is a peculiar case where the wife has filed a petition for transfer of proceedings in H.M.O.P.No.132 of 2017 which is pending on the file of the Sub Court, Palani. H.M.O.P.No.132 of 2017 is filed by the husband for restitution of conjugal rights. It is admitted before this Court that the husband filed earlier a petition in H.M.O.P.No.124 of 2008 on the file of the Sub Court, Palani, for divorce and obtained an ex parte order. It is also admitted that the wife had filed another petition in H.M.O.P.No.1 of 2009 on the file of the Sub Court, Paramakudi and obtained ex parte order for restitution of conjugal rights. However, it is admitted by the wife in the affidavit filed in support of this petition that there was a compromise and the petitioner agreed for setting aside the order in H.M.O.P.No.124 of 2008.

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3.Be that as it may, the husband has filed a petition in H.M.O.P.No.132 of 2017 for restitution of conjugal rights before the Sub Court, Palani. It is not in dispute that the first petitioner is the wife and the petitioners 2 and 3 are her minor children. All of them are residing at Paramakudi, Ramanathapuram District. Under Section 19 of the Hindu Marriage Act, the place of the residence of the wife confers jurisdiction for the Court to decide the matrimonial disputes between the husband and wife. Hence, Sub Court, Paramakudi, has jurisdiction and in a petition filed by the husband, the convenience of the wife is also relevant. In the present case, the wife is residing along with her minor children and hence, it will be in the interest of justice, to transfer the proceedings to the place of residence of the wife.

Accordingly, this Civil Revision Petition is allowed and the proceedings in H.M.O.P.No.132 of 2017 pending on the file of the Sub Court, Palani is withdrawn and transferred to Sub Court, Paramakudi. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Crl. Side) /TRUE COPY/ Sub Assistant Registrar To 1.The Subordinate Judge, Palani.

2.The Subordinate Judge, Paramakudi.

+1 CC to M/s.G. PRABAHARI, Advocate ( SR-83692[F] dated 27/08/2019 ) +1 CC to M/s.D.VENKATESH, Advocate ( SR-84025[F] dated 29/08/2019 ) Tr.C.M.P.(MD)No.245 of 2019 27.08.2019 srm JM/17.09.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/