K.S.Lavanya @ Jothimani vs S.Gangadharan
2023 Latest Caselaw 574 Mad

                                                                                   Tr.CMP(MD)No.580 of 2022


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 10.01.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                             Tr.CMP(MD)No.580 of 2022
                                                      and
                                              CMP(MD)No.9305 of 2022

                K.S.Lavanya @ Jothimani                                         : Petitioner

                                                          Vs.

                S.Gangadharan                                                   : Respondent
                PRAYER: Petition filed under Section 24 of the Civil Procedure Code to
                withdraw the case in H.M.O.P.No.43 of 2022 on the file of the Additional Sub
                Court, Dharmapuri and transfer the same to the Sub Court, Madurai.


                                      For Petitioner    : Ms.G.K.Chitra Devi
                                      For Respondent    : Mr.D.Shanmugaraja Sethupathi
                                                        *****

                                                       ORDER

The petitioner and the respondent are wife and husband. Their marriage was

solemnized on 03.06.2009 at R.S.S.Mahal, Thoppur, Dharmapuri District and out

of the wedlock, they are having a male child. The relationship between the parties

came under strain and the respondent / husband has filed H.M.O.P.No.43 of 2022

https://www.mhc.tn.gov.in/judis Tr.CMP(MD)No.580 of 2022

before the Sub Court, Dharmapuri, seeking divorce. In order to transfer this

application from the file of the Sub Court, Dharmapuri to the file of the Sub Court,

Madurai, the petitioner has moved the instant transfer civil miscellaneous petition.

2.Learned Counsel for the petitioner submitted that the petitioner is residing

at Madurai in her parental house, along with her 12 year old son. The distance

between Madurai and Dharmapuri is 600 km. She is not having sufficient means to

travel and to meet her day-to-day expenses and there is no one to accompany her.

Therefore, she finds it very difficult to travel and to appear before the Court at

Dharmapuri, for each and every hearing. In fact, when the case was posted on

26.04.2022, the petitioner could not appear before the Court and an ex-parte order

was passed. Thereafter, by filing an application, the said ex-parte was cancelled.

Therefore, the learned Counsel prayed for transferring the case.

3.Learned Counsel for the respondent raised serious allegations as against

the petitioner that the petitioner is not having any interest in continuing the marital

life and is having illegal relationship with a neighbor. She had never paid any

attention on the respondent and interested only in social media. The learned

Counsel has also filed an additional typed set of papers with photographs and

https://www.mhc.tn.gov.in/judis Tr.CMP(MD)No.580 of 2022

images extracted from the petitioner's Instagram account and projected that the

petitioner is addicted with social media. He further submitted that the respondent's

mother is having several age related ailments and his mother has recently

underwent a heart surgery in the year 2020. The respondent alone has to take care

of his mother. Therefore, the learned Counsel strongly objected for transferring the

case.

4.This Court paid it's anxious consideration to the rival submissions and

also to the materials placed on record.

5.The petition for divorce is pending before the Sub Court, Dharmapuri and

it appears that the petitioner has already engaged a Counsel and is defending the

application therein. Since the petition is pending before the Sub Court, the

petitioner can be represented through a Counsel and her personal appearance

before the Court is not required, except while providing evidence, judgment, etc.

6.Considering the submissions made by the learned Counsel on either side,

the status of the parties and taking note of the fact that the case is pending before

the Sub Court and that the petitioner has already engaged a Counsel to defend her,

https://www.mhc.tn.gov.in/judis Tr.CMP(MD)No.580 of 2022

B.PUGALENDHI, J.

gk

this Court is not inclined to entertain this transfer civil miscellaneous petition.

Accordingly, this petition stands dismissed. However, considering the difficulties

expressed by both parties, the trial Court shall endeavour to conclude the

proceedings as expeditiously as possible, preferably within a period of six months

from the date of receipt of a copy of this order. There shall be no order as to costs.

Consequently, connected miscellaneous petition stands closed.

                Index             : Yes / No                          10.01.2023
                Internet          : Yes
                gk

                To

                The Additional Subordinate Judge,
                Dharmapuri.




                                                                      Tr.CMP(MD)No.580 of 2022








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