Nishanthi vs Yuvaraja
2021 Latest Caselaw 22375 Mad

                                                                                  Tr.CMP.No.100 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 15.11.2021

                                                          CORAM :

                                  THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN

                                                Tr.CMP.No.100 of 2021
                                                        and
                                                 CMP.No.3403 of 2021

                    Nishanthi                                                           ... Petitioner
                                                            Vs.

                    Yuvaraja                                                          ...Respondent

                    Prayer: Transfer civil miscellaneous petition filed under Section 24 of C.P.C.,
                    seeking to withdraw the HMOP.No.75 of 2020 on the file of the Sub-ordinate
                    Judge, Panrutti and transfer the same to the learned Family Court at
                    Pondicherry.
                                         For Petitioner      : Mr.B.Balavijayan

                                         For Respondent      : Mr.R.Venkatachalapathy


                                                          ORDER

The wife / petitioner herein seeks transfer of HMOP.No.75 of 2020

pending on the file of the Sub-Court, Panruti filed by the husband seeking

divorce on the ground of cruelty. The sole ground, on which transfer is

https://www.mhc.tn.gov.in/judis Tr.CMP.No.100 of 2021

sought for is convenience of wife.

2.Admittedly, the wife is a resident of Puducherry and the husband is a

resident of Panruti. It is also stated that the husband is employed in Sharjah

therefore, the conduct of the proceedings either at Panruti or Puducherry may

not make a big difference for the husband. However,

Mr.R.Venkatachalapathy, learned counsel appearing for the respondent

would submit that if the proceeding is transferred to the Family Court, parties

will have to appear in person for every hearing, which will cause extreme

hardship to the husband, who is admittedly working in Sharjah. He would, at

the same time, seek transfer to any Sub-Court in Puducherry so that the

husband can engage a counsel and appear through him. It is also stated that

the wife has initiated proceedings for restitution of conjugal rights in

HMOP.No.304 of 2021 on the file of the Family Court at Puducherry.

3.The learned counsel appearing for the parties would submit that both

the proceedings can be transferred to Principal Sub-Court, Puducherry to be

tried and disposed of together as there is a possibility of conflicting

https://www.mhc.tn.gov.in/judis Tr.CMP.No.100 of 2021

judgments, if the proceedings are tried at different Courts.

4.In view of the above, the proceedings in HMOP.No.75 of 2020

pending on the file of the Panruti and HMOP.No.304 of 2021 pending on the

file of the Family Court, Puducherry are withdrawn and transferred to the

Principal Sub-Court, Puducherry to be tried and disposed of in accordance

with law. No costs. Consequently, connected miscellaneous petition is

closed.

15.11.2021 kkn

Index :No Internet:Yes Speaking Order:No

To:-

1.The Sub-Court, Panrutti.

2.The Family Court, Puducherry.

https://www.mhc.tn.gov.in/judis Tr.CMP.No.100 of 2021

R.SUBRAMANIAN,J.

KKN

Tr.CMP.No.100 of 2021 and CMP.No.3403 of 2021

https://www.mhc.tn.gov.in/judis Tr.CMP.No.100 of 2021

15.11.2021

https://www.mhc.tn.gov.in/judis