Madras High Court
Muthusamy vs Viswaja on 16 February, 2021
TR.C.M.P.(MD)No.305 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
TR.C.M.P.(MD)No.305 of 2020 and
C.M.P.(MD)No.6636 of 2020
Muthusamy : Petitioner
Vs.
Viswaja : Respondent
PRAYER:- The petition filed under Section 24 of the Civil Procedure Code, to
withdraw the petition in H.M.O.P.No.220 of 2019 on the file of the Family
Court, Sivagangai and transfer to same to the Subordinate court, Sivagangai for
having joint trial along with the petition in H.M.O.P.No.2 of 2019 on the file of
the Subordinate Court, Sivagngai.
For Petitioner :Mr.D.Nallathambi
For Respondent :Mr.C.Senthil Murugan
****
ORDER
The husband seeks transfer of H.M.O.P.No.220 of 2019 filed by the wife
on the file of the Family Court, Sivagangai, to the Subordinate Court,
Sivagangai, to be tried along with H.M.O.P.No.2 of 2019 pending on the file of
the Subordinate Court, Sivagngai.
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TR.C.M.P.(MD)No.305 of 2020
2.The husband originally filed H.M.O.P.No.223 of 2018 on the file of the
Subordinate Court, Sivakasi, seeking divorce under Section 13(1)(i-a) of the
Hindu Marriage Act, 1955. The respondent/wife filed TR.C.M.P.(MD)No.62 of
2019 before this Bench and seeking transfer of H.M.O.P.No.223 of 2018 from
Subordinate Court, Sivakasi to Family Court, Sivagangai. By order, dated
08.04.2019, this Court allowed the petition and transferred H.M.O.P.No.223 of
2018 to the Subordinate Court, Sivagangai instead of Family Court, as
requested by the wife. Thereafter, the said petition was renumbered before the
Subordinate Court, Sivagangai as H.M.O.P.No.2 of 2019.
3.After the order of transfer was passed by this Court transferring
H.M.O.P.No.23 of 2018 to the Subordinate Court, Sivagangai and knowing
about the pendency of the said OP before the Subordinate Court, Sivagangai,
the wife filed H.M.O.P.No.220 of 2019 on the file of the Family Court,
Sivagangai seeking restitution of conjugal rights and also filed a maintenance
case in M.C.No.5 of 2019 before the Family Court, Sivagangai.
4.The husband has now come up with this petition seeking transfer of
H.M.O.P.No.220 of 2019 from the Family Court, Sivagangai to the Subordinate
Court, Sivagangai to be tried along with H.M.O.P.No.2 of 2019, which is
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TR.C.M.P.(MD)No.305 of 2020
already pending before the said Court.
5.The learned Counsel for the respondent would submit that the because
the maintenance case pending before the Family Court, Sivagangai, the OP
should not be transferred.
6.I find that the conduct of the wife in filing a petition for restitution of
conjugal rights in a different Court, after having obtained transfer of the divorce
petition filed by the husband to the Subordinate Court, Sivagangai, is not in
good taste. Hence, H.M.O.P.No.220 of 2019 filed by the wife before the Family
Court, Sivagangai is withdrawn and transferred to the Subordinate Court,
Sivagangai, to be tried along with H.M.O.P.No.2 of 2019. The transfer will
also prevent any chances of there being conflicting judgments in the
proceedings for divorce and restitution of conjugal rights. This Transfer Civil
Miscellaneous Petition is disposed of accordingly. No costs. Consequently,
connected miscellaneous petition is closed.
Index : Yes/No 16.02.2021
cmr
To
1.The Judge, the Family Court, Sivagangai.
2.The Subordinate Judge, Sivagngai.
http://www.judis.nic.in
TR.C.M.P.(MD)No.305 of 2020
R.SUBRAMANIAN, J.
cmr
TR.C.M.P.(MD)No.305 of 2020
16.02.2021
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