Madras High Court
Mary Remona vs N.Christhuraj on 20 June, 2022
TR CMP(MD)No.244 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 20.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR CMP(MD)No.244 of 2022
and CMP(MD)No.4167 of 2022
Mary Remona ... Petitioner
Vs
N.Christhuraj ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under
Section 24 r/w 151 of the Civil Procedure Code, to transfer
the case in O.P.No.528 of 2022 on the file of the
VII Additional Family Court, Chennai, to the file of the
Family Court, Madurai.
For Petitioner : Mr.S.Balaji
For Respondent : Mr.Ragul Jaganathan
*****
ORDER
This Transfer Civil Miscellaneous Petition is filed to
transfer the proceedings in O.P.No.528 of 2022 from the
file of the VII Additional Family Court, Chennai to the
file of the Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR CMP(MD)No.244 of 2022
2.Learned Counsel for the petitioner submits that the
petitioner and the respondent are wife and husband. Their
marriage was solemnized on 24.01.2011 at St.Annie's Church
Nesapakkam, Chennai. This is the second marriage for both
the petitioner and the respondent. After marriage, both of
them lived happily for some time. Thereafter, the
petitioner underwent harassment and cruelty at the hands of
the respondent. The respondent never took care of the
petitioner or their daughter, but has developed intimacy
with other women. In the meantime, the respondent has also
filed a petition for divorce in O.P.No.3249 of 2015 before
the Family Court No.II, Chennai and the petitioner has
filed a transfer application in Tr.C.M.P.(MD)No.430 of 2015
before this Court. Pending that applications, the parties
compromised among themselves and the divorce petition came
to be withdrawn. Even then, the respondent has not changed
his attitude and has developed intimacy with several other
women and has also filed the divorce petition in O.P.No.528
of 2022 before the VII Additional Family Court, Chennai,
for the second time.
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TR CMP(MD)No.244 of 2022
3.Learned Counsel further submitted that the petitioner
is working as Assistant Professor (Chemistry) in Sri
Meenakshi Government Arts College for Women, Madurai and is
residing in Madurai, with her daughter. The respondent has
filed the case before the Family Court in Chennai, which is
nearly 480 KMs from Madurai. The petitioner finds it
difficult to attend the Court proceedings in Chennai.
Therefore, the petitioner prays to transfer the proceedings
in O.P.No.528 of 2022 from the VII Additional Family Court,
Chennai to the Family Court, Madurai.
4.Learned Counsel for the respondent strongly objected
to the relief sought for by the petitioner.
5.Heard the learned Counsel on either side and perused
the materials placed on record.
6.According to the learned Counsel for the petitioner,
the petitioner is residing in Madurai with her young
daughter and she could not travel to Chennai, leaving her
daughter alone, without assistance of others. The distance
between Chennai and Madurai is 480 Kms. I am satisfied with
https://www.mhc.tn.gov.in/judis
TR CMP(MD)No.244 of 2022
the reasons stated in the affidavit filed in support of
this petition. It is well settled law that convenience of
woman is to be taken into consideration at the time of
considering transfer applications as held by the Supreme
Court in the judgment reported in 2008(9)SCC 353 (Arti Rani
@ Pinki Devi and another Vs. Dharmendra Kumar Gupta).
Therefore, I am inclined to allow the present petition.
7.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings in
O.P.No.528 of 2022 from the file of the VII Additional
Family Court, Chennai is withdrawn and transferred to the
file of the Family Court, Madurai. The learned Judge, VII
Additional Family Court, Chennai is directed to send the
entire case records in O.P.No.528 of 2022 within a period
of fifteen days from the date of receipt of a copy of this
order to the learned Judge, Family Court, Madurai, who in
turn shall dispose of the same as expeditiously as
possible. No costs. Consequently, connected miscellaneous
petition is closed.
Internet : Yes 20.06.2022
Index : Yes / No
https://www.mhc.tn.gov.in/judis
TR CMP(MD)No.244 of 2022
gk
To
1.The Judge,
VII Additional Family Court,
Chennai.
2.The Judge,
Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis
TR CMP(MD)No.244 of 2022
B.PUGALENDHI, J.
gk
TR CMP(MD)No.244 of 2022
20.06.2022
https://www.mhc.tn.gov.in/judis
