Madras High Court
V.Ramya vs R.Kannan on 31 August, 2021
Tr.C.M.P.No.360 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.No.360 of 2021 and
CMP.No.8393 of 2021
[Through video conferencing]
V.Ramya ... Petitioner
Vs.
R.Kannan ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24
read with Section 151 of the Code of Civil Procedure, to withdraw and
transfer the H.M.O.P.No.23 of 2020, on the file of the Sub-Court, Sankari,
Salem District to be tried along with H.M.O.P.No.123 of 2020, on the file of
the Family Court, Dindugul.
For Petitioner : Mr.K.Vasuvenkat
For Respondent : Mr.T.Padmanabhan
*****
ORDER
The present Transfer Civil Miscellaneous Petition is filed to
withdraw and transfer the H.M.O.P.No.23 of 2020, on the file of the Sub-
Court, Sankari, Salem District to be tried along with H.M.O.P.No.123 of 2020,
on the file of the Family Court, Dindugul.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.360 of 2021
2.The respondent/husband has filed H.M.O.P.No.23 of 2020 before
the Subordinate Judge, Sankari for divorce. The petitioner/wife has filed
H.M.O.P.No.123 of 2020 before the Family Court, Dindigul for restitution of
conjugal rights and also filed M.C.No.23 of 2020 before the Family Court,
Dindigul for maintenance.
3.The learned counsel for the petitioner/wife submitted that the
petitioner is residing with her parents home at Dindigul and she is having 5
years old child. The distance between Sankari and Dindigul is around 150
Kms. He would submit that she has no source of income and she is depending
on her parents for her day to day expences and she is taking care of them and
moreover, the petitioner is being a lady she was unable to travel from Sankari
to Dindigul for attending the Court on every hearing in H.M.O.P.No.23 of
2020 on the file of the Subordinate Court at Sankari. Therefore she seeks to
transfer the case in H.M.O.P.No.23 of 2020 from the file of the Subordinate
Court at Sankari to the file of the Family Court, Dindigul tried along with
H.M.O.P.No.123 of 2020 and M.C.No.23 of 2020 pending on the file of the
Family Court at Dindigul.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.360 of 2021
4.The learned counsel appearing for the respondent submitted that the
respondent is working in Salem and he is suffering from Stricture Uiretera
and owing to his medical condition, his creatin and uric acid levels have
become high and due to which, he cannot even stand for a long time and
unable to travel long distances and due to his medical condition, he has
strongly opposed for transferring the case. However, he submitted that if this
Court feels to transfer the case, the same may be transferred to any centre
place.
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 three cases are pending from two
different Courts i.e., the wife filed a petition for restitution of conjugal rights
and for maintenance and the husband filed an application 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,
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.360 of 2021
A.A.NAKKIRAN, J.
ssi
H.M.O.P.No.23 of 2020 is withdrawn from the file of the Subordinate Court,
Sankari and transferred to the file of the Family Court, Dindigul to be tried
along with H.M.O.P.No.123 of 2020 and M.C.No.23 of 2020 for disposal as
per law. The learned Subordinate Judge, Sankari, is directed to transmit the
papers to the Family Court, Dindigul forthwith. The learned Family Judge,
Family Court, Dindigul is directed to dispose of H.M.O.P.No.23 of 2020 along
with H.M.O.P.No.123 of 2020 and M.C.No.23 of 2020 on merits and in
accordance with law as expeditiously as possible.
8.In fine, this Transfer Civil Miscellaneous Petition is allowed. No
costs. Consequently, the connected miscellaneous petition is also closed.
31.08.2021
Internet : Yes / No
Index : Yes / No
ssi
To:
1. The Sub-Court, Sankari, Salem District.
2. The Family Court, Dindugul.
Tr.C.M.P.No.360 of 2021
https://www.mhc.tn.gov.in/judis/
