R.Subhalakshmi vs M.Vishnuvardhanen
2023 Latest Caselaw 8308 Mad

                                                                                Tr C.M.P.No.183 of 2023 &
                                                                                   C.M.P.No.4108 of 2023

                                        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          Dated : 14.07.2023

                                                             CORAM

                                   THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                                   Tr.C.M.P.No.183 of 2023 &
                                                    C.M.P.No.4108 of 2023

                     R.Subhalakshmi                                                   ... Petitioner

                                                                 Vs.

                     M.Vishnuvardhanen                                                ...Respondent


                                  Transfer Civil Miscellaneous Petition filed under Section 24 of the

                     Code of Civil Procedure to withdraw the case bearing H.M.O.P.No.25 of

                     2023 on the file of the Family Court, Coimbatore and transfer the same to

                     the file of the Family Court, Chennai.

                                         For Petitioner      : Mr. R.Chandrasudan

                                         For Respondent : Mr.S.Sekar

                                                           ORDER

The present Transfer Civil Miscellaneous Petition is filed under

Section 24 of the Code of Civil Procedure to withdraw the case bearing

H.M.O.P.No.25 of 2023 on the file of the Family Court, Coimbatore and

transfer the same to the file of the Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr C.M.P.No.183 of 2023 & C.M.P.No.4108 of 2023

2. The brief facts of the case are as follows:-

(i) The petitioner is the wife and the respondent is the husband and

their marriage was solemnised on 08.12.2021, by giving 25 sovereigns of

gold jewels, silver articles and house hold articles as sridhana to the

respondent and the same are lying with the respondent's family and the

entire marriage expenses were borne by the parents of the petitioner. At

the time of marriage, it was represented by the respondent that he is

employed at Dubai and will take necessary arrangement to process VISA

and setup matrimonial home at Dubai. Further, the petitioner and the

respondent lived together only for 12 days and the respondent proceeded

to abroad and the petitioner was tortured and thrown away from the

matrimonial house on 13.03.2022. Left with no other alternative, the

petitioner proceeded to her parents house at Tirunelveli.

(ii) Suppressing the facts, all of a sudden, the respondent has

preferred the H.M.O.P.No.25 of 2023 for divorce on the ground of cruelty

with malafide allegations. The distance between the Family Court,

Coimbatore to Family Court, Tirunelveli is nearly 400 kms and the

petitioner's parents could not accompany the petitioner on account of their

age and age old ailments. Further, the petitioner is not working anywhere

https://www.mhc.tn.gov.in/judis Tr C.M.P.No.183 of 2023 & C.M.P.No.4108 of 2023

and depending on the meager income of the petitioner's father to sustain

their livelihood, hence this petition.

3. The learned counsel for the petitioner would submit the

respondent is well aware of the practical difficulty of the petitioner to face

proceedings and therefore, has moved this petition. Further, the petitioner

is unemployed and do not possess sufficient money even to bear meager

travelling expenses.

4. The learned counsel for the petitioner also contends that no

prejudice would be caused to the respondent if the above Original Petition

is transferred from Family Court, Coimbatore to Family Court, Tirunelveli,

since the respondent is residing at overseas and at any event, the

respondent is to be represented through power agent. That apart, the

family members of the respondent are powerful persons in the locality and

the respondent's father is a bar member of legal fraternity at Coimbatore

and that the petitioner's parents are aged and could not accompany the

petitioner for all the hearing, hence seeks to transfer the Original Petition.

https://www.mhc.tn.gov.in/judis Tr C.M.P.No.183 of 2023 & C.M.P.No.4108 of 2023

5. On the other hand, the learned counsel for the respondent filed a

detailed counter stating that unable to bear the torture of the petitioner the

respondent has preferred H.M.O.P.No.25 of 2023 for divorce. Further, on

18.02.2023, the respondent and his family members went to a temple at

Timmachipuram and parked the four wheeler outside the temple, the four

persons attached with the petitioner smashed the car and took away the

cell phone from the car and the said cell phone contains all the misdeeds

committed by the petitioner. Immediately, the respondent lodged a

complaint with Lalapet Police Station and police officials received the

complaint and issued CSR No.88 of 2023 to the respondent.

6. That apart, the learned counsel for the respondent also submits

that if the petition is transferred to Tirunelveli, the petitioner can do anything

and the petitioner would assault the respondent during the course of

hearing the case at Tirunelveli, thereby seeks police protection.

7. Heard the learned counsel on either side and perused the

documents placed on record.

https://www.mhc.tn.gov.in/judis Tr C.M.P.No.183 of 2023 & C.M.P.No.4108 of 2023

8. It is well settled law that whenever, the transfer application is filed

in matrimonial disputes, the convenience of the wife shall be given

preference, as held by the Hon'ble Supreme Court in the Judgments

reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs.

Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs.

Kumar Sanjay and another].

9. Considering the facts and circumstances of the case and taking

into account the Judgments of the Hon'ble Supreme Court, as cited supra,

coupled with the fact that the petitioner is facing financial difficulties to

attend the court proceedings at Coimbatore and is depending only on her

aged parents, in the interest of justice, this Court is inclined to allow this

petition. Accordingly, the H.M.O.P.No.25 of 2023 pending on the file of

Family Court, Coimbatore is withdrawn and transferred to the Family Court,

Tirunelveli. Further, taking note of the fact that the persons attached with

the petitioner smashed the car of the respondent and grabbed the cell

phone and with regard to the said incident, a complaint has been lodged

with the Lalapet Police Station and CSR has been assigned and the

respondent also apprehends assault by the petitioner, this Court is inclined

to grant police Protection to the respondent / husband.

https://www.mhc.tn.gov.in/judis Tr C.M.P.No.183 of 2023 & C.M.P.No.4108 of 2023

With the above observation, the present Transfer Civil Miscellaneous

Petition is allowed. Consequently, connected miscellaneous petition is

closed. The respondent is permitted to approach the concerned

Jurisdictional Police to provide police protection at his own cost and

accordingly, the Concerned Jurisdictional Police shall provide police

protection as and when required. No costs.

14.07.2023

Index : Yes/No Internet : Yes/No Speaking order / non speaking order ssd

To

1. The Family Court, Coimbatore

2. The Family Court, Tirunelveli

3. The Inspector of Police, Tirunelveli

https://www.mhc.tn.gov.in/judis Tr C.M.P.No.183 of 2023 & C.M.P.No.4108 of 2023

V.BHAVANI SUBBAROYAN, J.,

ssd

Tr.C.M.P.No.183 of 2023 & C.M.P.No.4108 of 2023

14.07.2023

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