← Library
Madras High CourtTR CMP(MD)/490/2016allowed

Arulmozhi, v. Raj Selvakumar,

2016-11-10Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2016 Coram:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.(MD).No.490 of 2016 Arulmozhi .. Petitioner/Respondent Vs.

Raj Selvakumar .. Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24(1) and 151 of the Code of Civil Procedure, praying to withdraw I.D.O.P.No.82 of 2016 from the District and Sessions Court, Tirunelveli to the District and Sessions Court, Nagercoil and post the same along with I.D.O.P.No.51 2016 or to any other competent court near to the petitioner.

For Petitioner : Mr.L.Jeen Felix

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking for transfer of I.D.O.P.No.82 of 2016 from the file of District and Sessions Court, Tirunelveli, to the file of the District and Sessions Court, Nagercoil to be tried along with I.D.O.P.No.51 of 2016.

2. The respective counsels both for the petitioner and the respondent are heard.

3. The marriage between the petitioner and the respondent was solemnized on 15.05.2003 as per Christian rights and customs. Due to misunderstanding between the parties, they are living separately.

4. The contention of the petitioner is that the respondent harassed her and in view of the continuous harassment, she left the matrimonial home and residing with her parents.

5. Out of the wedlock, a male child was born and the child is in the custody of the petitioner. The petitioner states that she is dependant of her parents and unemployed and further not having any independent sources of income and is not in a position to spend and travel to defend the case filed by the respondent in H.M.O.P.No.82 of 2016, which is pending before the District and Sessions Court, Tirunelveli.

https://hcservices.ecourts.gov.in/hcservices/

6. The petitioner filed H.M.O.P.No.51 of 2016 for dissolution of marriage and the respondent filed H.M.O.P.No.82 of 2016 for restitution of conjugal rights.

7. Notice was served to the respondent and the respondent has not appeared in person or through pleader. Hence, the matter is taken up for final disposal. The petitioner is residing in her parents house along with minor child and not having any independent sources of income. This Court in number of cases held that place of wife has to be preferred especially in matrimonial cases and further balance of convenience is in favour of the petitioner.

8. In the result, this petition is allowed with the following directions:

i. The learned District and Sessions Judge, Tirunelveli , is directed to transmit the records in respect of I.D.O.P.No.82 of 2016 to the District and Sessions Court, Nagercoil, within a period of two weeks from the date of receipt of copy of this order. ii. The learned District and Sessions Judge, Nagercoil, is directed to try I.D.O.P.No.82 of 2016 along with I.D.O.P.No.51 of 2016 and dispose of the same as expeditiously as possible.

No costs.

Sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To 1.The District and Sessions Court, Tirunelveli 2.The District and Sessions Court, Nagercoil. +1CC to M/S.S.C.Herold Singh, Advocate, SR.No. 67636 Tr.C.M.P.(MD).No.490 of 2016 10.11.2016 CM AM/SK SKN/24.11.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/