Vinitha vs Balaguru @ Nimalan
2021 Latest Caselaw 6277 Mad

                                                                            Tr CMP (MD) No.269 of 2020


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               Dated : 09.03.2021

                                                    CORAM

                           THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN

                                        TR CMP(MD)No.269 fo 2020
                                       and C.M.P(MD)No.6046 of 2020

                 Vinitha                                  ...Petitioner/Respondent

                                                    Vs.

                 Balaguru @ Nimalan                       .. Respondent/Petitioner


                 PRAYER:- Transfer C.M.P is filed under Section 24 of C.P.C to withdraw the
                 case in H.M.O.P.No.311 of 2020 pending on the file of the Family Court,
                 Madurai and transfer the same to the file of the Subordinate Court, Theni or
                 any other competent court in Theni within the time stipulated by this Court.


                                     For Petitioner        : Mr.C.Thamothara Kannan
                                     For Respondent         : Mr.M.Thirunavukkarasu


                                                   ORDER

Wife seeks transfer of H.M.O.P.No.311 of 2020 pending on the file

of the Family Court, Madurai to the Sub Court, Theni.

http://www.judis.nic.in Tr CMP (MD) No.269 of 2020

2. Transfer is sought mainly on the ground of convenience as the

wife is a resident of Kondamanaickanpatti, Andipatti Taluk in Theni District.

3. No doubt continuance of the proceedings at the Family Court at

Madurai would cause a certain hardship to the wife since she will have to

appear in person for every hearing before the Family Court.

4. At the same time, the learned counsel for the respondent/husband

would submit that since the respondent is a resident of Madurai, travelling to

Theni for every hearing would be difficult for him.

5.Considering the claim and the counter claim made, I am of the

considered opinion that Original Petition could be transferred to a neutral

venue in between Theni and Madurai so that it will be convenient to both the

parties.

6.It is also seen that divorce is pending before the Sub Court, Theni.

If the proceedings sought to be held at different courts, there is a possibility of

there being conflicting judgments. Hence. H.M.O.P.No.92 of 2020 on the file

http://www.judis.nic.in Tr CMP (MD) No.269 of 2020

of the Sub Court, Theni and H.M.O.P.No.311 of 2020 on the file of the Family

Court, Madurai are withdrawn and transferred to the file of the Sub Court,

Usilampatti and tried to be disposed of together.

7. In fine, this petition is allowed. No costs. Consequently, connected

miscellaneous petition is closed.

09.03.2021

Index : Yes/No Internet: Yes/No CM

To:

1.The District Munsif Court, Kuzhithurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in Tr CMP (MD) No.269 of 2020

R.SUBRAMANIAN. J.,

CM

TR CMP (MD)No.269 fo 2020 and C.M.P(MD)No.6046 of 2020

09.03.2021

http://www.judis.nic.in