Madras High Court
N.Hepzhiba vs P.Tennyson on 2 March, 2023
TR.CMP No.57 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 02.03.2023
CORAM
HON'BLE JUSTICE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
TR.CMP No.57 of 2023
and
CMP No.1505 of 2023
N.Hepzhiba ...Petitioner/Respondent
Vs
P.Tennyson ...Respondent/Petitioner
Prayer: The Transfer Civil Miscellaneous Petition is filed under Section 24 read
with 151 of C.P.C. to withdraw the divorce petition filed in I.D.O.P No.116 of
2020 from the file of Hon'ble Principal District Court, Vellore and transferred the
same to the Hon'ble Family Court, Tiruchirappalli.
For Petitioner : Mr.R.Bhagawat Krishna
For Respondent : Mr.P.Kannan
1/7
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TR.CMP No.57 of 2023
ORDER
This petition is filed by the Petitioner/N.Hepzhiba seeking to withdraw the
divorce petition filed in I.D.O.P No.116 of 2020 pending on the file of the Principal
District Court, Vellore and transferred the same to the Family Court,
Tiruchirappalli.
2.It is the contention of the learned Counsel for the Petitioner that earlier
Transfer Civil Miscellaneous Petition filed by the Wife in TR.CMP.No. 379 of 2021
was closed on 14.07.2021 by this Court by observing as follows:-
"Accordingly, this transfer civil miscellaneous petition is
closed on condition that the Respondent shall pay a sum of
Rs.5,000/- for every hearing to the Wife either by cash or by way of
a demand draft. The payment shall be made within three days of
every hearing whenever the Petitioner remains present before the
District Court, Vellore. If in case, the Respondent fails to appear
consecutively for two hearings before the District Court, Vellore, the
Petitioner will have an option to seek modification of this order. The
Wife is entitled to get the amount towards travelling as indicated
above only on the occasions where she actually attends the Court.
No costs. Consequently, connected miscellaneous petition is closed."
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TR.CMP No.57 of 2023
3. Aggrieved by the same, the Wife/ the Petitioner in TR.CMP.No.379 of
2021 had preferred SLP (C).No.12699 of 2022 before the Hon'ble Supreme Court
which was dismissed by observing as follows:-
"we are not inclined to interfere with the impugned judgment and
hence, the petition for special leave to appeal is dismissed."
Now the I.D.O.P.No.116 of 2020 is at the stage of part-heard before the learned
Principal District Judge, Vellore. At this stage, the Wife who was the Petitioner in
the earlier TR.CMP.No.379 of 2021 had approached this Court by filing this
Transfer Civil Miscellaneous Petition seeking to withdraw the I.D.O.P No.116 of
2020 from the file of the learned Principal District Judge, Vellore and transfer to
the file of the learned Judge, Family Court at Tiruchirappalli.
4.It is the contention of the learned Counsel for the Petitioner/Wife that she
had been paid Rs.5,000/- for every hearing in-obedience of the order passed by this
Court in the earlier TR.CMP.No.379 of 2021. It is the further contention of the
learned Counsel for the Petitioner that the wife is suffering from lower back pain.
Therefore, she was under treatment for the same and Doctor had advised her not to
travel. In the light of her health condition, on Doctors advise, she seeks
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TR.CMP No.57 of 2023
withdrawal of the case in I.D.O.P.No.116 of 2020 from the Court of the learned
Principal District Judge, Vellore to the Court of the learned Judge, Family Court at
Tiruchirappalli.
5.The learned Counsel for the Respondent/Husband is also present in Court.
He resisted the prayer of the Petitioner/Wife stating that the Respondent/Husband
has complied with the order of this Court by providing her Rs.5,000/- for each
hearing till this date.
6.Considering the special circumstances stated by the learned Counsel for
the Petitioner and also the medical report annexed in the typed set that there is no
dispute regarding her claim of back pain. At the same time, after the Covid
lockdown throughout the state of Tamil Nadu, we had been conducting the Court
proceedings through virtual mode. Therefore all the Courts in Tamil Nadu are
furnished with Video conference facility. Therefore, instead of personal appearance
before the learned Principal District Judge, Vellore, the Petitioner/Wife shall subject
herself to let-in evidence by filing affidavit through the Counsel for chief
examination and the same is to be recorded through virtual mode by the learned
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TR.CMP No.57 of 2023
Trial Judge and she shall subject herself to cross-examination through virtual mode
for which, facilities are available in the Court concerned.
7.In the light of the above, instead of allowing this Transfer Civil
Miscellaneous Petition, in the light of the earlier order passed in TR.CMP.No.379
of 2021, which was confirmed by the Hon'ble Supreme Court, this Court instructs
the learned Principal Judge, Vellore to consider the recording of the evidence of the
Petitioner in this Transfer Civil Miscellaneous Petition/Wife, and the Respondent in
I.D.O.P to be examined through virtual mode. The learned Principal Judge shall
adopt the procedure mentioned in the High Court circular issued during Covid
period, through cross-examination of the witness or litigant, as the case may be.
The Respondent/Wife shall participate in the proceedings and to dispose of the
I.D.O.P.No.116 of 2020. In the above circumstances, the Court of the learned
Principal District Judge, Vellore shall not pass any orders against the Wife for her
physical absence, for her inability to travel all the way from Tiruchirappalli to
Vellore.
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TR.CMP No.57 of 2023
8.The Respondent herein/ Petitioner in I.D.O.P.No.116 of 2020 has to bear
any expenses that may be required by the Court to facilitate the conduct of Court
proceedings through the virtual mode. Apart from this, the learned Principal
District Judge can modify the proceedings accordingly facilitating the participation
of the Petitioner herein/ Respondent in I.D.O.P from Tiruchirappalli.
Accordingly this Transfer Civil Miscellaneous Petition is disposed of with
the above modification. Consequently connected CMP is closed.
02.03.2023
Index : Yes/No
Speaking order/ Non speaking order
dsn
To
1.The Principal District Court, Vellore
2.The Family Court, Tiruchirappalli
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TR.CMP No.57 of 2023
SATHI KUMAR SUKUMARA KURUP, J.
dsn
TR.CMP. No. 57 of 2023
02.03.2023
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