Madras High Court
R.Switha Shri vs Deepak Raj on 13 April, 2023
Tr.C.M.P.(MD)No.105 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reserving the Judgment Date of Pronouncing the Judgment
19.04.2023 28.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Tr.C.M.P.(MD)No.105 of 2023
and
C.M.P.(MD)No.2472 of 2023
R.Switha Shri .. Petitioner
Versus
Deepak Raj .. Respondent
Prayer :- Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.19 of
2021, on the file of the Sub Court, Tambaram, and transfer to the file of the Sub
Court, Thirumangalam, Madurai, for disposal.
For Petitioner : Mr.G.Vidhya Maheswaran
For Respondent : Mrs.Vijayakumari Natarajan
ORDER
The petitioner has filed this Transfer Civil Miscellaneous Petition seeking to
withdraw H.M.O.P.No.19 of 2021, from the file of the Sub Court, Tambaram, and
transfer the same to the file of the Sub Court, Tirumangalam, Madurai District.
2. Earlier, this Court by an order dated 13.04.2023, allowed the Transfer Civil
Miscellaneous Petition. However, it was recalled today by a separate order, as the
respondent had entered appearance, but her name was not printed in the cause list.
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Tr.C.M.P.(MD)No.105 of 2023
3.Today, this case was heard at length. The learned counsel for the respondent
submitted that H.M.O.P.No.19 of 2021, pending on the file of the Sub Court,
Tambaram, is almost at the final stage, as the respondent has been examined and
cross-examined and the evidence of the respondent as petitioner in H.M.O.P.No.19
of 2021 was closed on 04.08.2022. Thereafter, the petitioner herein, who is the
respondent in H.M.O.P.No.19 of 2021 was to tender her evidence.
4.It is submitted that the case was listed before the Lok Adalat and a Terms of
Agreement was signed, pursuant to which, the dispute was amicably settled.
However, after signing the agreement before the Lok Adalat on 07.12.2022, the
petitioner has engaged another counsel and has surreptitiously filed the present
Transfer Civil Miscellaneous Petition, seeking transfer of H.M.O.P.No.19 of 2021
from the file of the Sub Court, Tambaram, to the file of the Sub Court,
Tirumangalam, Madurai District.
5.The learned for the respondent submitted that the respondent is the only son
to his parents and that his father is unwell and is undergoing treatment. That apart, it
is submitted that the allegation levelled against the respondent that his family
members had threatened the petitioner is inconceivable, but nothing a tissue of life.
It is further submitted that the respondent's father is frequently being admitted in
hospital and his health condition is deteriorating very fast and therefore, the presence
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Tr.C.M.P.(MD)No.105 of 2023
of the respondent is required in Chennai. It is, therefore, submitted that the
respondent cannot be forced to travel from Chennai to Madurai to attend the Court
proceeding.
6.It is also submitted by the learned counsel for the respondent that the
petitioner has suppressed the fact regarding the status of the case in H.M.O.P.No.47
of 2021, filed by her under Section 13,(1)(ia)(ib) of the Hindu Marriage Act, 1955,
before the Sub Court, Devakottai.
7.The petitioner has, however, filed an additional affidavit, wherein she has
stated that she was forced to sign the Compromise Memo before the Lok Adalat only
for return of articles.
8.I have considered the arguments advanced by the learned counsel for the
petitioner and the learned counsel for the respondent and also perused the affidavit
filed in support of the present Transfer Civil Miscellaneous Petition.
9.In my view, no useful purpose will be served at this stage of the proceeding,
by ordering transfer of H.M.O.P.No.19 of 2021 pending on the file of the Sub Court,
Tambaram, to the file of the Sub Court, Tirumangalam, Madurai District. As the
petitioner has participated in the trial before the Sub Court at Tambaram, she is
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Tr.C.M.P.(MD)No.105 of 2023
required to depose evidence before it and thereafter, the learned Sub Judge,
Tambaram, has to pronounce the judgment and decree.
10.Considering the above, I am inclined to dismiss the Transfer Civil
Miscellaneous Petition filed by the petitioner. However, there shall be a direction to
the respondent to pay for the expenses, regarding travelling, boarding and lodging of
the petitioner in connection with H.M.O.P.No.19 of 2021, pending on the file of the
Sub Court, Tambaram. As an advance, the respondent shall deposit a sum of
Rs.10,000/- for each hearings to the credit of H.M.O.P.No.19 of 2021 before the Sub
Court, Tambaram, to be withdrawn by the petitioner on filing appropriate
application. It is made clear that the petitioner shall co-operate with the Sub Court,
Tambaram, so that the Court can dispose H.M.O.P.No.19 of 2021 filed by the
respondent, as expeditiously as possible.
11.This Transfer Civil Miscellaneous Petition stands dismissed with the above
observation and directions. No costs. Consequently, connected Miscellaneous
Petition is closed.
NCC : Yes/No 28.04.2023
Index : Yes/No
Internet : Yes/No
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https://www.mhc.tn.gov.in/judis
Tr.C.M.P.(MD)No.105 of 2023
To
1.The Sub Judge,
Tambaram.
2.The Sub Judge,
Tirumangalam,
Madurai District.
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Tr.C.M.P.(MD)No.105 of 2023
C.SARAVANAN, J.
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Pre-Delivery Order made in
Tr.C.M.P.(MD)No.105 of 2023
28.04.2023
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