Madras High Court
R.Helan Vinnarasi vs M.Paul James on 8 August, 2023
TR.C.M.P.(MD) No.287 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.08.2023
CORAM:
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN
THILAKAVADI
TR.C.M.P.(MD) No.287 of 2023
and
C.M.P(MD) No.6620 of 2023
R.Helan Vinnarasi ... Petitioner
Vs.
M.Paul James
Rep through his Power Agent
M.Maria Veda Antony ... Respondent
Prayer :- Petition filed under Section 24 of the Code of Civil Procedure,
to withdraw the case in I.D.O.P.No.86 of 2022 on the file of the Family
Court, Madurai and transfer the same to the file of the Family Court,
Srivilliputhur and tried along with the case in I.D.O.P.No.14 of 2022 on
the file of the Family Court, Srivilliputhur.
For Petitioner : Mr.A.Manikandan
For Respondent : Mr.A.Arputharaj
ORDER
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TR.C.M.P.(MD) No.287 of 2023
The Transfer Civil Miscellaneous Petition is filed to withdraw the
case in I.D.O.P.No.86 of 2022 on the file of the Family Court, Madurai
and transfer the same to the file of the Family Court, Srivilliputhur and to
try along with the case in I.D.O.P.No.14 of 2022 on the file of the Family
Court, Srivilliputhur.
2. The learned counsel appearing for the petitioner/wife would
submit that the marriage between the petitioner and the respondent took
place on 31.08.2017 and out of their wedlock, they were blessed with one
male child, namely, Dhanasis Michael. Due to some misunderstanding
between them, the respondent has filed a petition in I.D.O.P.No.86 of
2022 before the Family Court, Madurai, for divorce. Pursuant to which,
the petitioner/wife has filed a petition in I.D.O.P.No.14 of 2022 before
the Family Court, Srivilliputhur, for restitution of conjugal rights.
Now, the petitioner/wife is residing in her parental home at Srivilliputhur.
He would further submit that since the I.D.O.P is before the Family
Court, her presence for every hearing is essential for which she has to
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TR.C.M.P.(MD) No.287 of 2023
travel nearly 80 kms leaving behind her minor child or taking her along
with her, which would cause extreme hardship to the petitioner. Further,
to avoid conflicting judgments also, both the case has to be tried by the
same Court. Hence, he prays to allow this petition.
3. The learned counsel for the respondent has no objection to
transfer, as sought for by the petitioner in the present transfer civil
miscellaneous petition. However, he seeks to have the presence of the
respondent before the trial Court dispensed with, since the matter is
transferred to the Family Court, Srivilliputhur, where the presence of the
parties for every herein is mandatory.
4. Recording the submission made by the learned counsel for the
respondent, this Transfer Civil Miscellaneous Petition is allowed and the
petition in I.D.O.P.No.86 of 2022 pending on the file of the Family
Court, Madurai is ordered to be withdrawn and transferred to the file of
the Family Court, Srivilliputhur to be tried along with I.D.O.P.No.14 of
2022. The learned Judge, Family Court, Madurai, is directed to transmit
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TR.C.M.P.(MD) No.287 of 2023
the entire records pertaining to the case in I.D.O.P.No.86 of 2022 to the
transferee Court, within a week from the date of receipt of a copy of this
order, if the same is not yet disposed of. The personal appearance of the
respondent for routine hearing is dispensed with before the Family Court,
Srivilliputhur. The respondent shall appear before the Court as and when
ever the presence of the respondent is required as per the direction of the
Family Court, Srivilliputhur. No costs. Consequently, connected
miscellaneous petition is closed.
08.08.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
cp
To
1.The Judge,
Family Court,
Madurai.
2.The Judge,
Family Court,
Srivilliputhur
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TR.C.M.P.(MD) No.287 of 2023
K.GOVINDARAJAN THILAKAVADI, J.
cp
TR.C.M.P.(MD) No.287 of 2023
Dated: 08.08.2023
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