Madras High Court
N. Jayanthi vs R. Muthukumar @ Karthick on 27 August, 2021
Tr.C.M.P.No.128 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.No.128 of 2021
and
CMP.No.3951 of 2021
[Through video conferencing]
N. Jayanthi ... Petitioner
-vs-
R. Muthukumar @ Karthick ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw H.M.O.P.No.536 of 2019 on the file
of the Subordinate Judge, Tambaram and transfer the same to the file of the
learned Principal Judge, Family Court, Chennai to be tried jointly along with
OP.No.4494 of 2019 pending on his file.
For Petitioner : Mr.Christopher Vijayachandran
For Respondent : Mrs.M.S.Rajeswari
1/6
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.128 of 2021
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw
H.M.O.P.No.536 of 2019 on the file of the Subordinate Judge, Tambaram and
transfer the same to the file of the learned Principal Judge, Family Court,
Chennai to be tried jointly along with OP.No.4494 of 2019.
2. The petitioner/wife has filed a petition in OP.No.4494 of 2019 before
the Principal Judge, Family Court, Chennai for restitution of conjugal rights.
The respondent/husband has filed H.M.O.P.No.536 of 2019 before the
Subordinate Court at Tambaram for divorce.
3. The learned counsel for the petitioner/wife submitted that the
petitioner is an unemployee and residing along with her aged grandparents and
taking care of them at Chennai and her parents are living in Parangipettai,
Cuddalore District. The distance between Tambaram and Chennai is around 35
Kms. Since the petitioner being a lady with no income, she is not in a position
to travel alone from Tambaram to Chennai for attending the Court on every
hearings in H.M.O.P.No.536 of 2019. He further submitted that the matter may
be transferred to Chennai to be tried jointly along with OP.No.4494 of 2019.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.128 of 2021
Therefore, on the ground of convenience, she seeks to transfer the case from
Subordinate Court, Tambaram to the Principal Judge, Family Court, Chennai.
4.The learned counsel appearing for the respondent has vehemently
opposed to allow this petition.
5.Heard the learned counsel on either side and perused the materials
available on record.
6. This Court is satisfied with the reasons stated in the affidavit filed in
support of this petition. Further, since two cases are pending in two different
Courts i.e., the wife filed a petition for restitution of conjugal rights and the
husband filed a petition for divorce, to avoid multiplicity of proceedings and
conflicting judgments, both the cases have to be tried before a single Judge.
7. Considering the facts and circumstances of the case and considering
the submission made by the learned counsel on either side, H.M.O.P.No.536 of
2019 is withdrawn from the file of the Subordinate Court, Tambaram and
transferred to the file of the Principal Judge, Family Court, Chennai, to be
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.128 of 2021
tried jointly along with OP.No.4494 of 2019, for disposal as per law. The
learned Subordinate Judge, Tambaram, is directed to transmit the papers to the
Principal Judge, Family Court, Chennai, forthwith. The learned Principal
Judge, Family Court, Chennai, is directed to dispose of H.M.O.P.No.536 of
2019 along with OP.No.4494 of 2019 on merits and in accordance with law as
expeditiously as possible.
8. The personal appearance of both parties before the Principal Judge,
Family Court, Chennai, is dispensed with, except the dates of hearing, on
which, the learned Judge insisted upon the parties to appear before the Court.
On other hearing dates, the counsel on behalf of the parties may appear before
the Court.
9. In fine, this petition is allowed. No costs. Consequently, connected
miscellaneous petition is closed.
27.08.2021
Internet : Yes / No
Index : Yes / No
gv
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.128 of 2021
To
1. The Subordinate Judge, Tambaram.
2. The Principal Judge, Family Court, Chennai.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.128 of 2021
A.A.NAKKIRAN, J.
gv
Tr.C.M.P.No.128 of 2021
and
CMP.No.3951 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis/
