Madras High Court
Kanniyappan vs S.Prabha on 15 September, 2023
TR.C.M.P.(MD) No.413 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.09.2023
CORAM
THE HO'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
TR.C.M.P.(MD) No.413 of 2023
and
C.M.P.(MD) No.8588 of 2023
1.Kanniyappan
2.Vallinayagi ... Petitioners
Vs.
1.S.Prabha
2.P.K.Parthasarathy ... Respondents
Prayer:- This Transfer Civil Miscellaneous Petition filed under Section 24
of the Code of Civil Procedure, 1908, to withdraw D.V.C.No.18 of 2023
on the file of the Additional Mahila Court, Pudukottai and transfer the
same to the file of the Additional Mahila Court, Trichy.
For Petitioners : Mr.T.Lenin Kumar
For R1 : Mr.R.Maheswaran
ORDER
This Transfer Civil Miscellaneous Petition has been filed by the
petitioners for transfer of D.V.C.No.18 of 2023 from the file of the
_____________
https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.413 of 2023
Additional Mahila Court, Pudukottai to the file of the Additional Mahila
Court, Trichy.
2. The respondents are the wife and husband. The petitioners are
the parents-in-law of the first respondent and the parents of the second
respondent. The marriage was solemnized between the respondents on
28.01.2007 and out of wedlock, a male child and a female child were
born. Due to the some matrimonial discord, the respondents are living
separately.
3. Thereafter, the second respondent/husband filed H.M.O.P.No.
250 of 2020 before the Family Court, Dindigul for dissolution of marriage
solemnized between the respondents on 28.01.2007. Meantime, the first
respondent/wife filed H.M.O.P.No.22 of 2021 before the Principal Sub
Court, Pudukottai for restitution of conjugal rights
4. Thereafter, the first respondent/wife filed Tr.C.M.P.(MD) No.10
of 2021 before this Court for transfer of H.M.O.P.No.250 of 2020 from
the Family Court, Dindigul to the Principal Sub Court, Pudukottai. Vide
order dated 18.06.2021, H.M.O.P.No.250 of 2020 was directed to be
_____________
https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.413 of 2023
transferred to an intermediate place i.e. the Family Court, Trichy and was
re-numbered as H.M.O.P.No.345 of 2021.
5. Thereafter, for joint trial, the second respondent/husband filed
Tr.C.M.P.(MD) No.277 of 2021 before this Court for transfer of
H.M.O.P.No.22 of 2021 filed by the first respondent/wife before the
Principal Sub Court, Pudukottai for restitution of conjugal rights to the
Family Court, Trichy which was allowed and the H.M.O.P. filed by the
first respondent/wife was transferred to the Family Court, Trichy.
6. Subsequently, the first respondent/wife filed G.W.O.P.No.121 of
2021 before the Principal District Court, Dindigul to appoint her as legal
guardian of the minor children and also to direct the second
respondent/husband to hand over the minor children to the first
respondent/wife. To avoid multiplicity of Judgments, the second
respondent/husband again filed Tr.C.M.P.(MD) No.176 of 2022 before
this Court for transfer of G.W.O.P. from Principal District Court,
Dindigul to the Family Court, Trichy where already both H.M.O.P are
pending. The Tr.C.M.P. was allowed and G.W.O.P. was transferred to the
Family Court, Trichy and renumbered as G.W.O.P.No.121 of 2021.
_____________
https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.413 of 2023
7. Now, the first respondent/wife filed D.V.C.No.18 of 2023 before
the Additional Mahila Court, Pudukottai against the second
respondent/husband and the petitioners herein who are her parents-in-law.
The petitioners filed the present Transfer Civil Miscellaneous Petition for
transfer of D.V.C.No.18 of 2023 from the Additional Mahila Court,
Pudukottai to the Additional Mahila Court, Trichy.
8. It is submitted that it is very difficult for the petitioners to attend
the hearing at Pudukottai and H.M.O.Ps. filed by the first and second
respondents respectively and the G.W.O.P. filed by the first
respondent/wife are pending before the Family Court, Trichy and if the
D.V.C. proceedings is allowed to go ahead at Pudukottai, all parties
should run from pillar to post to attend the case at Trichy on one day and
attend the case at Pudukottai on the other day.
9. It is further submitted that the first respondent’s brother has made
a life threatening to the petitioners at Pudukottai and therefore, they
lodged a complaint before the Inspector of Police, Vadamadurai and same
was registered in Crime No.108 of 2021 for the offence punishable under
Sections 294(b) and 506(i) of the Indian Penal Code. It is further
_____________
https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.413 of 2023
submitted that if the petitioners go to Pudukottai, the first respondent
along with his family members will try to eliminate them.
10. It is further submitted that the petitioners are senior citizens and
they crossed the age of 70 years and cannot travel such a long distance in
a single day. It is further submitted that in order to avoid multiplicity of
Judgments, D.V.C. may transferred from the file of the Additional Mahila
Court, Pudukottai to the Additional Mahila Court, Trichy.
11. Heard the learned counsel for the petitioners and the learned
counsel for the first respondent.
12. Already two H.M.O.Ps. and one G.W.O.P. are pending before
the Family Court, Trichy. If D.V.C. proceedings are permitted to be
continued at Pudukottai, it will be inconvenient for both parties to attend
Court proceedings at two different places. Therefore, considering the age
of the petitioners and considering the above facts and circumstances of
the case, D.V.C.No.18 of 2023 is directed to be transferred from the file
of the Additional Mahila Court, Pudukottai to the file of the Additional
Mahila Court, Trichy.
_____________
https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.413 of 2023
13. Accordingly, this Transfer Civil Miscellaneous Petition is
allowed. No cost. Consequently, connected Miscellaneous Petition is
closed.
15.09.2023
NCC : Yes / No
Internet: Yes/No
Index: Yes/ No
jen
To
1.The Judge, Additional Mahila Court,
Pudukottai.
2.The Judge, Additional Mahila Court,
Trichy.
_____________
https://www.mhc.tn.gov.in/judis
TR.C.M.P.(MD) No.413 of 2023
K.GOVINDARAJAN THILAKAVADI, J.
jen
TR.C.M.P.(MD) No.413 of 2023
and C.M.P.(MD) No.8588 of 2023
15.09.2023
_____________
https://www.mhc.tn.gov.in/judis
