Alexander vs Chandralekha
2021 Latest Caselaw 15601 Mad

                                                                                 Tr CMP .No.208 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED :03.08.2021

                                                        CORAM:

                                   THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
                                                Tr.C.M.P.No.208 of 2021

                 Alexander                                                  ... Petitioner/Defendant

                                                            -vs-
                 Chandralekha                                          ... Respondent/plaintiff
                 PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
                 Code of Civil Procedure, to withdraw the said MC.No.1 of 2021 from the file of
                 Judicial Magistrate-II, Viruthachalam and transfer the same to the file of
                 Subordinate Judge, Chidambaram, to try and dispose of the same on merit and in
                 accordance with law.
                                          For Petitioners   : Mr.P.R.Thiruneelakandan


                                          For Respondent : Mr.K. Sankar
                                                       ORDER

The present Transfer Civil Miscellaneous Petition is filed to withdraw and

transfer the MC.No.1 of 2021 from the file of Judicial Magistrate-II,

Viruthachalam to Subordinate Judge, Chidambaram.

https://www.mhc.tn.gov.in/judis/ Tr CMP .No.208 of 2021

2. The respondent/wife has filed MC.No.1 of 2021 before the Judicial

Mgistrate-II, Viruthachalam, for maintenance. The petitioner/husband has filed a

petition in HMOP.No.9 of 2020 before the Sub-Court, Chidambaram for divorce.

3.The learned counsel for the petitioner/husband submitted that out of

wedlock, no child was born to him and hence, he was subject to mental and

physical cruelty. He further submitted that he cannot travel all the way to

Viruthachalam from Chidambaram for attending the Court hearing in MC.No.1 of

2021. Hence, he prays to transfer the case to Sub-Court, Chidambaram, to have

joint Trial with HMOP.No.9 of 2020 before the Sub-Court, Chidambaram. He

further submitted that the judgment reported in A.R.Antulay Vs.R.S.Nayak &

Another 1988 AIR 1531, 1988 SCR supl.(1), the Apex Court also clearly held

that Court shall not confer jurisdiction to the court that does not possess any

jurisdiction under the statute.

https://www.mhc.tn.gov.in/judis/ Tr CMP .No.208 of 2021

4. The learned counsel for the respondent/wife has submitted that the

petitioner is in abroad and he was set ex parte in MC.No.1 of 2021 before the

lower court. Hence, he strongly opposed to transfer the case.

5. Considering the facts and circumstances of the case and also the

submissions made by both counsel, this court is of the opinion that there is no

merit in this case and the reason stated by the learned counsel for the petitioner

cannot be accepted. This case is liable to be dismissed.

6. In fine, this Transfer Civil Miscellaneous Petition is dismissed. No costs.

                                                                                        03.08.2021
                 Internet : Yes / No
                 Index    : Yes / No
                 gv

                 To:

                 The Judicial Magistrate-II,

                 Viruthachalam




https://www.mhc.tn.gov.in/judis/
                                        Tr CMP .No.208 of 2021




                                       A.A.NAKKIRAN, J.


                                                           gv




                                   Tr.C.M.P.No.208 of 2021




                                                 03.08.2021






https://www.mhc.tn.gov.in/judis/