Madras High Court
K.Jayanthi vs S.V.Nedumaran on 19 July, 2021
Tr.CMP.No.294 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
Tr.C.M.P. No.294 of 2021
and
C.M.P. No.7402 of 2021
K.Jayanthi ... Petitioner
Versus
S.V.Nedumaran .. Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of Civil
Procedure Code, to withdraw the respondent's petition in O.P. No.300 of 2020
on the file of the Family Court V, Madras, and to transfer the same to the
Family Court, Vellore to try along with the petitioner's petition in F.C.O.P.
No.96 of 2021on the file of the Family Court, Vellore.
For Petitioner : Mr. K.A. Ravindran
For Respondent : No appearance
ORDER
This transfer civil miscellaneous petition is filed to withdraw the
proceedings in O.P. No.300 of 2020 on the file of the Family Court V, Madras,
and transfer the same to the Family Court, Vellore to be tried along with
F.C.O.P. No.96 of 2021, pending on the said file.
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Tr.CMP.No.294 of 2021
2. Despite notice having been served on respondent as early as on
14.06.2021, no one entered appearance on behalf of the respondent. Since
sufficient opportunity has already been given to the respondent, this Court
proceed further to dispose of this petition on the basis of averments made in
this petition. The respondent is set ex-parte.
3. The petitioner in this petition is the wife and the respondent is the
husband. The marriage between the respondent and the petitioner took place on
13.03.2020. The petitioner states that the respondent is not physically fit for
marriage life. Hence she filed a petition for divorce in F.C.O.P. No.96 of 2021
before the Family Court, Vellore. The respondent husband filed a petition for
restitution of conjugal rights in O.P. No.300 of 2020 before Family Court V,
Madras. Since she filed a petition for divorce before the Family Court, Vellore,
it is the case of the petitioner that the petition in O.P. No.300 of 2020 filed by
the husband can be transferred to the Family Court, Vellore, so that both can be
tried together to avoid conflicting judgments.
4. Learned counsel appearing for the petitioner states that the petitioner
is residing with her mother who is aged 73 years and that she has no one to
accompany her to attend each proceeding at Chennai. He further states that the
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Tr.CMP.No.294 of 2021
petitioner seeks transfer purely on the ground of convenience.
5. Normally, in a petition for divorce, the convenience of wife is relevant.
However, in this case, the petitioner wife has filed a petition for divorce and the
respondent husband has filed a petition for restitution of conjugal rights.
Considering the factual circumstances of this case, this Court is inclined to
transfer the petition filed by the husband from Family Court V, Madras to the
Family Court, Vellore, for joint trial which will be convenient to both parties.
6. The proceedings in O.P. No.300 of 2020 pending on the file of Family
Court V, Madras, are withdrawn and transferred to Family Court, Vellore, to be
tried along with the petition filed by the petitioner in F.C.O.P. No.96 of 2021,
pending on the said file. Accordingly, this transfer civil miscellaneous petition
is allowed. No costs. Consequently, connected miscellaneous petition is closed.
19.07.2021
Index:Yes/No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis/
Tr.CMP.No.294 of 2021
S.S.SUNDAR. J.,
bkn
To
1.The Family Court V, Madras.
2.The Family Court, Vellore.
Tr.C.M.P. No.294 of 2021
19.07.2021
https://www.mhc.tn.gov.in/judis/
