Madras High CourtTR CMP(MD)/336/2020disposed of

R.Saranya v. R.Muruganandam

2021-02-03Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.336 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.336 of 2020 and C.M.P(MD) No.7482 of 2020 R.Saranya ... Petitioner / Respondent -VsR.Muruganandam ... Respondent / Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.141 of 2020, on the file of the Family Court, Karur and transfer the same to the Family Court, Tiruchirappalli.

For Petitioner :

Ms.T.Banumathy For Respondent :

Mr.M.P.Senthil

O R D E R

The wife seeks transfer of H.M.O.P.No.141 of 2020 filed by the husband seeking divorce, from the file of the Family Court, Karur to the Family Court, Tiruchirappalli.

2.Transfer is sought for solely on the ground of convenience. The wife is a resident of Trichy and the husband is a resident of Karur.

3. Mr.M.P.Senthil, the learned counsel appearing for the respondent would vehemently contend that the wife should not be favoured with an order of transfer, since she and her companions have assaulted the respondent/husband on more than one occasion. He would also point out that the respondent/husband was hospitalized due to the assault committed by the companions of the wife on 17.02.2018. Drawing my attention to the First Information Report in Crime No.116 of 2018, the learned counsel for the respondent/husband would submit that the transfer of HMOP.No.141 of 2020 to Trichy will expose him to more threats from the petitioner/wife and her relatives.

4. I have considered the rival submissions. No doubt there is some material to show that the relationship between the parties has not been rosy. There had been bickerings, which https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.336 of 2020 resulted in the parties approaching the police on more than one occasion.

5. Considering the overall circumstances, I am of the opinion that H.M.O.P.No.141 of 2020 could be transferred to the Principal Subordinate Court, Trichy, instead of Family Court, Trichy, so that the parties need not appear in person for noneffective hearings. 6.In view of the above, H.M.O.P.No.141 of 2020 is withdrawn from the file of the Family Court, Karur and transferred to the file of Principal Subordinate Court, Trichy. The Family Court, Karur is directed to transmit the papers to the Principal Subordinate Court, Trichy forthwith.

7. Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) vrn To 1.The Family Court, Karur 2.The Principal Subordinate Court, Trichy 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai(2 copies) COPY TO The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-3239[F] dated 04/02/2021 ) +1 CC to M/s.T.BANUMATHY, Advocate ( SR-3229[F] dated 04/02/2021 ) Order made in Tr.C.M.P(MD)No.336 of 2020 and C.M.P(MD) No.7482 of 2020 03.02.2021 ES(CO) TR(22.02.2021) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2