Madras High Court
Suriya vs K.Saravanan on 31 August, 2021
Tr.C.M.P.No.247 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.247 of 2021
and
C.M.P.No.6891 of 2021
[Through video conferencing]
Suriya ... Petitioner
Vs.
K.Saravanan ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the petition in H.M.O.P.No.1 of
2021 on the file of the Subordinate Court, Tittagudi and transfer the same to
the file of the Additional Family Court, Coimbatore and tried along with
M.C.No.6 of 2021.
For Petitioner : Mr.L.Mouli
For Respondent : Mr.S.Venkatesh
*****
ORDER
The present Transfer Civil Miscellaneous Petition is filed to
withdraw the petition in H.M.O.P.No.1 of 2021 on the file of the Subordinate
Court, Tittagudi and transfer the same to the file of the Additional Family
Court, Coimbatore and tried along with M.C.No.6 of 2021.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.247 of 2021
2.The respondent/husband has filed H.M.O.P.No.1 of 2021 before
the Subordinate Court, Tittagudi for divorce. The petitioner/wife has filed
M.C.No.6 of 2021 before the Additional Family Court, Coimbatore for
maintenance.
3.The learned counsel for the petitioner/wife submitted that the
petitioner is having 5 years old child. The distance between Coimbatore and
Tittagudi is around 300 Kms. He would submit that since the petitioner is
being a lady she was unable to travel from Coimbatore to Tittagudi for
attending the Court on every hearing in H.M.O.P.No.1 of 2021 on the file of
the Subordinate Court at Tittagudi. Therefore she seeks to transfer the case in
H.M.O.P.No.1 of 2021 from the file of the Subordinate Court at Tittagudi to
the file of the Additional Family Court, Coimbatore tried along with M.C.No.6
of 2021 pending on the file of the Additional Family Court at Coimbatore.
4.The learned counsel appearing for the respondent 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.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.247 of 2021
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 from two
different Courts i.e., the wife filed a petition 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, H.M.O.P.No.1 of
2021 is withdrawn from the file of the Subordinate Court, Tittagudi and
transferred to the file of the Additional Family Court, Coimbatore to be tried
along with M.C.No.6 of 2021 for disposal as per law. The learned Subordinate
Judge, Tittagudi, is directed to transmit the papers to the Additional Family
Court, Coimbatore forthwith. The learned Additional Family Judge, Additional
Family Court, Coimbatore is directed to dispose of H.M.O.P.No.1 of 2021
along with M.C.No.6 of 2021 on merits and in accordance with law as
expeditiously as possible.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.247 of 2021
A.A.NAKKIRAN, J.
ssi
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 Subordinate Court, Tittagudi.
2. The Additional Family Court, Coimbatore.
Tr.C.M.P.No.247 of 2021
and C.M.P.No.6891 of 2021
https://www.mhc.tn.gov.in/judis/
