Madras High Court
Uma vs Gopal @ Gopalakrishnan on 12 June, 2023
TR.C.M.P.(MD) No.167 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
TR.C.M.P.(MD) No.167 of 2023
and C.M.P.(MD) No.3644 of 2023
Uma ... Petitioner
Vs.
Gopal @ Gopalakrishnan ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of the
Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.106 of 2021
on the file of the Family Court, Ramanathapuram and transfer the same to
Subordinate Court, Mudukulathur with direction to conduct the joint trial
along with H.M.O.P.No.82 of 2021.
For Petitioner : No appearance
For Respondent : Mr.T.Veerakumar
ORDER
This Transfer Civil Miscellaneous Petition has been filed to transfer
H.M.O.P.No.106 of 2021 from the Family Court, Ramanathapuram to
Subordinate Court, Mudukulathur for being tried along with H.M.O.P.No.
82 of 2021 filed by the petitioner.
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https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.167 of 2023
2. Today when case was called upon in the forenoon, there was a
request to pass over. However, when case is called upon in the afternoon,
there is no representation on behalf of the petitioner. The learned counsel
for the respondent is present.
3. In the affidavit filed in support of the present Transfer Civil
Miscellaneous Petition, the petitioner has stated as follows:-
4. In order to escape criminal action from me, the
respondent cunningly filed an application for divorce in
H.M.O.P.No.106 of 2021 on the file of the Hon'ble Family
Court, Ramanathapuram leveling allegations that, I am not
leading moral life with him and suspected premarital
pregnancy. For each and every hearing, I have to attend by
travelling more than 90 KM along with my parents and my
minor daughter since we are very orthodox Hindu family.
Further I have no sufficient and independent income to
meet out the expenses for the same. Since I am not able to
maintain myself and minor daughter and the Respondent
deserted us and failed to maintain us. I have no monitory
support from anybody. Since I and my minor son are
depending upon my parents. Being the lady I am also
become very tried and tedious due to the long journey and
travel to attend the Hon'ble Family Court Ramanathapuram
which 90 K.M. away from my village.
5. In the interest of justice, the proceedings in
H.M.O.P.No.106 of 2021 may be withdrawn from the file
of the Hon'ble Family Court, Ramanathapuram and
transferred the same for trial and disposal to the file of the
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https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.167 of 2023
Subordinate Judge, Mudukulathur with a direction to
conduct joint trial along with H.M.O.P.No.82 of 2021
pending disposal in the court of the Subordinate Judge,
Mudukulathur. In order to avoid multicity of proceedings
and diversity of judgments by different courts of law, the
original petition in H.M.O.P.No.106 of 2021 on the file of
the Hon'ble Family Court, Ramanathapuram has to be
transferred. It will be convenient for the learned Judge to
given findings about the disputed question. If the transfer
is not ordered, it will create multicity of proceedings and
difference of opinions.
4. Being satisfied with the above reasons, I am inclined to allow
this Transfer Civil Miscellaneous Petition. H.M.O.P.No.106 of 2021 filed
by the respondent before the Family Court, Ramanathapuram is directed
to be transferred to the Subordinate Court, Mudukulathur for being tried
along with H.M.O.P.No.82 of 2021 filed by the petitioner.
5. Accordingly, this Transfer Civil Miscellaneous Petition is
allowed. No cost. Consequently, connected Miscellaneous Petition is
closed.
12.06.2023
NCC : Yes / No
Internet: Yes/No
Index: Yes/ No
jen
_____________
https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.167 of 2023
C.SARAVANAN, J.
jen
To
1.The Family Court,
Ramanathapuram.
2.The Subordinate Court,
Mudukulathur.
TR.C.M.P.(MD) No.167 of 2023
and C.M.P.(MD) No.3644 of 2023
12.06.2023
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https://www.mhc.tn.gov.in/judis
