Madras High Court
V.Subathirai vs B.Chandru on 3 September, 2021
Tr.C.M.P.No.290 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
Tr.C.M.P.No.290 of 2021
and
C.M.P.No.7379 of 2021
[Through video conferencing]
V.Subathirai ... Petitioner
Vs.
B.Chandru ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the unnumbered petition in
H.M.O.P.No. of 2021 along with I.A No.1 of 2021 on the file of the Family
Court, Salem and transfer the same to the file of the Sub Court, Arani to be
tried along with HMOP No.37 of 2021.
For Petitioner : Mr.P.Satheesh Kumar
For Respondent : Mr.B.Vijaya Kumar
ORDER
The present Transfer Civil Miscellaneous Petition is filed to
withdraw the unnumbered petition in H.M.O.P.No. of 2021 along with I.A
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Tr.C.M.P.No.290 of 2021
No.1 of 2021, on the file of the Family Court, Salem and transfer the same to
the file of the the Sub Court, Arani to be tried along with HMOP No.37 of
2021.
2.The respondent/husband has filed unnumbered H.M.O.P.No. of
2021 before the Family Court, Salem for divorce. The petitioner/wife has filed
HMOP No.37 of 2021 before the Sub Court, Arani for restitution of conjugal
rights.
3.The learned counsel for the petitioner/wife submitted that the
petitioner is suffering from cervical spondylosis. The distance between Arani
and Salem is around 190 Kms. He would submit that since the petitioner is
being a lady she is unable to travel from Arani to Salem for attending the Court
on every hearing in unnumbered H.M.O.P.No. of 2021 along with I.A No.1 of
2021, on the file of the Family Court at Salem. Therefore, she seeks to transfer
the case in ununmbered H.M.O.P.No. of 2021 along with I.A No.1 of 2021
from the file of the Family Court, Salem to the file of Sub Court, Arani and to
be tried along with HMOP No.37 of 2021.
http://www.judis.nic.in
Tr.C.M.P.No.290 of 2021
4.The learned counsel appearing for the respondent has strongly
opposed for transferring the case by filing a counter affidavit.
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 restitution of conjugal rights 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, unnumbered
H.M.O.P.No. of 2021 along with I.A No.1 of 2021, is withdrawn from the file
of the Family Court, Salem and transferred to the file of the Sub Court, Arani
to be tried along with H.M.O.P No.37 of 2021 for disposal as per law. The
learned Family Court Judge, Salem, is directed to transmit the papers to the
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Tr.C.M.P.No.290 of 2021
S.KANNAMMAL,J
uma
Sub Judge, Arani, forthwith. The learned Sub Judge, Arani is directed to
dispose of the unnumbered H.M.O.P.No. of 2021 along with H.M.O.P No.37
of 2021 on merits and in accordance with law as expeditiously as possible.
8.In fine, this Transfer Civil Miscellaneous Petition is allowed. No
costs. Consequently, the connected miscellaneous petition is also closed.
03.09.2021
Internet : Yes / No
Index : Yes / No
uma
To:
1. The Family Court, Salem.
2. The Sub Court, Arani
Tr.C.M.P.No.290 of 2021
and C.M.P.No.7379 of 2021
http://www.judis.nic.in
