K.Vaijayanthi vs D.Arul
2024 Latest Caselaw 8443 Mad

Madras High Court

K.Vaijayanthi vs D.Arul on 4 June, 2024

                                                                                Tr.CMP.No.758 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 04.06.2024

                                                          CORAM

                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                                 Tr.CMP.No.758 of 2023
                                                          and
                                             C.M.P.Nos.18388 & 18565 of 2023

                     K.Vaijayanthi                                        .. Petitioner

                                                            Vs.

                     D.Arul                                            .. Respondent
                     Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24
                     of the Code of Civil Procedure, to withdraw the proceeding in
                     H.M.O.P.No.59 of 2023 pending on the file of the Principal Sub Court at
                     Villupuram and transfer the same to the file of any other Family Court at
                     Chennai.
                                                For Petitioner : Mr.A.Tamilvanan

                                              For Respondent : Mr.V.Devasenathipathi

                                                           ORDER

The petitioner and the respondent were married on 22.01.2018.

However, they have developed differences and are staying separately.

2. The petitioner/wife is residing at West Mambalam and the

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respondent/husband is residing at Villupuram. The wife has initiated the

proceeding in H.M.O.P.No.973 of 2023 said to be pending on the file of the

Family Court at Chennai for declaration that the marriage is null and void.

3. The husband has initiated the proceeding in H.M.O.P.No.59 of

2023 for restitution of conjugal rights before the learned Principal

Subordinate Judge at Villupuram.

4. Both sides agreed that due to the bifurcation of jurisdiction, the

proceeding is now pending before the Sub Court at Tirukoilur and

renumbered as H.M.O.P.No.60 of 2023. Considering the distance of travel

between Villupuram and Chennai would be around 300 Kms to and fro, I

am inclined to consider this transfer petition. Apart from the convenience of

the wife, the other reason I have considered for this transfer is that, there

should not be a conflict of judgments in both the proceedings.

5. Hence, the proceeding in H.M.O.P.No.59 of 2023 on the file of the

Principal Subordinate Judge at Villupuram now re-numbered as

H.M.O.P.No.60 of 2023 now pending on the file of the learned Subordinate

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Judge at Tirukoilur is withdrawn and it shall stand transferred to the file of

the Family Court at Chennai to be heard and disposed of along with

H.M.O.P.No.973 of 2023.

6. The learned Family Judge at Chennai is requested not to insist on

the presence of the husband for every hearing, but he shall be directed to be

present only for such hearings where his presence is indispensable. On the

other hearings, he may be represented through a counsel.

7. Accordingly, the Transfer Civil Miscellaneous Petition stands

allowed. No costs. The connected Civil Miscellaneous Petitions are closed.

04.06.2024

mkn2

Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No

V. LAKSHMINARAYANAN, J.

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mkn2

To

1.The Principal Sub Court, Villupuram

2.The learned Subordinate Judge, Tirukoilur

3.The Family Court, Chennai

and C.M.P.Nos.18388 & 18565 of 2023

04.06.2024

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