Sharanya Sundar @ Sharanya Samuel ... vs E.T.B.Samuel Jigme Harrison
2023 Latest Caselaw 11680 Mad

                                                                   TR.C.M.P.(MD) No.389 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 01.09.2023

                                                      CORAM:

                                  THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN
                                                THILAKAVADI

                                             TR.C.M.P.(MD) No.389 of 2023
                                                        and
                                              C.M.P(MD) No.8244 of 2023

                     Sharanya Sundar @ Sharanya Samuel Tensingh
                     W/o.E.T.B.Samuel Jigme Harrison
                                                                             ... Petitioner
                                                         Vs.

                     E.T.B.Samuel Jigme Harrison
                     S/o.E.J.Tensingh                                        ... Respondent


                     Prayer :- Petition filed under Section 24 of the Code of Civil Procedure,

                     to withdraw the D.O.P.No.75 of 2023 pending on the file of Family

                     Court, Thoothukudi and transfer the same to the file of Principal District

                     Court, Tirunelveli, to be tried along with D.O.P.No.144 of 2023.


                                     For Petitioner   : Mr.M.P.Senthil

                                     For Respondent   : Mr.R.Maheswaran



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                                                                         TR.C.M.P.(MD) No.389 of 2023


                                                           ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the

D.O.P.No.75 of 2023 pending on the file of Family Court, Thoothukudi

and transfer the same to the file of Principal District Court, Tirunelveli,

to be tried along with D.O.P.No.144 of 2023.

2.The learned counsel appearing for the petitioner would submit

that the marriage between the petitioner and the respondent has been

solemnized on 16.04.2021. Due to the dispute arose between them, the

respondent/husband filed a petition in D.O.P.No.75 of 2023 on the file of

the Family Court, Thoothukudi, for divorce. Pursuant to which, the

petitioner/wife filed a petition in D.O.P.No.144 of 2023 for restitution of

conjugal rights before the Principal District Court, Tirunelveli, seeking

the relief of restitution of conjugal rights. He would further submit that

since the proceeding is pending before the Family Court, her presence for

every hearing is imperative and it would be difficult for the petitioner to

travel alone and she has to be accompanied by some one, which would

result in an additional expenditure and also cause great discomfort and

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https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD) No.389 of 2023

inconvenience to her health and life. He would further submit that as

there are two cases pending before two different Courts, even if both the

cases are taken up for hearing on the same day, it will become very

difficult for her to attend both the hearings. 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 would submit that the

respondent is now residing at Thoothukudi and therefore, the petition

seeking transfer would lead to disadvantage of the respondent.

However, he states that a time frame may be fixed for the disposal of the

D.O.P proceedings.

4. Heard on both sides and perused the records.

5. It is well settled law that whenever, the transfer petition is filed

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

preference. Therefore, taking into account the above circumstances, this

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https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD) No.389 of 2023

Court is of the view that the transfer civil miscellaneous petition is liable

to be ordered. Accordingly, this Transfer Civil Miscellaneous Petition is

allowed and the petition in D.O.P.No.75 of 2023 pending on the file of

the Family Court, Thoothukudi, is ordered to be withdrawn and

transferred to the file of the Principal District Court, Tirunelveli, to be

heard along with D.O.P.No.144 of 2023. The learned Judge, Family

Court, Thoothukudi, is directed to transmit the entire records pertaining

to the case in D.O.P.No.75 of 2023 to the transferee Court, within a week

from the date of receipt of a copy of this order. The learned Principal

District Judge, Tirunelveli, shall endeavour to dispose of the said DOP on

merits and in accordance with law, as expeditiously as possible, however,

not later than the period of four months from date of receipt of the entire

records from the Family Court, Thoothukudi. No costs. Consequently,

connected miscellaneous petition is closed.

01.09.2023

NCC : Yes/No Index : Yes/No Internet : Yes cp

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https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD) No.389 of 2023

To

1.The Judge, Family Court, Thoothukudi.

2.The Principal District Judge, Tirunelveli.

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https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD) No.389 of 2023

K.GOVINDARAJAN THILAKAVADI, J.

cp

TR.C.M.P.(MD) No.389 of 2023

Dated: 01.09.2023

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