H.Aishvarya vs Dinesh
2024 Latest Caselaw 17492 Mad

Madras High Court

H.Aishvarya vs Dinesh on 4 September, 2024

                                                                                  Tr CMP.No.112 of 2024

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 04.09.2024

                                                              CORAM

                                   THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN


                                                   Tr CMP.No.112 of 2024 &
                                                     CMP.No.2502 of 2024

                     H.Aishvarya                                 : Petitioner

                                              versus

                     Dinesh                                      : Respondent

                     Prayer: Petition filed under Section 24 of the Code of Civil Procedure to
                     withdraw of HMOP.No.4001 of 2023 on the file of the learned 1 st Additional
                     Principal Family Court, Chennai and transfer the same to the file of the
                     Principal Family Court at Coimbatore to be disposed on merits.

                                  For Petitioner           : Mr.R. Ganesh Babu

                                  For Respondent           : Ms. Kavitha, for
                                                       Ms.S.Santhi

                                                              ORDER

The transfer petitioner is the wife. She married the respondent on

09.06.2016. From the wedlock, a girl was born on 09.10.2017. The girl

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

child is now aged about 7 years. The parties separated, constraining the

husband to initiate HMOP.No.504 of 2018 for restitution of conjugal rights.

In the said petition, the wife initiated a proceeding for interim maintenance

which was ordered by the Trial Court.

2. Challenging the same, a civil miscellaneous appeal was preferred

before this court in CMA.No.526 of 2021, which came to be dismissed on

24.02.2021. In order to recover the arrears of maintenance, the wife filed

E.P.Nos. 3 and 4 of 2020 on the file of the Family Court at Coimbatore.

Pending the execution petitions, the parties reunited. Yet again they

separated and the wife has returned to her native place at Coimbatore on

09.05.2021. Thereafter, she has initiated M.C.No.228 of 2022 seeking

maintenance.

3. It is not in dispute that the husband is regularly appearing before

the Family Court at Coimbatore for the said proceeding. After having

appeared before the Family Court at Coimbatore, he has filed a fresh

petition in HMOP.No.4001 of 2023 seeking restitution of conjugal rights

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before the Principal Family Court, Chennai.

4. The wife pleads that she is unable to travel from Coimbatore to

Chennai for attending every hearing, since she has a toddler to take care of.

She also pleads her financial inability to undertake the travel from

Coimbatore to Chennai. Hence, the transfer petition.

5. Notice was ordered in this application on 09.02.2024. Summons

have been served and Ms.Kavitha had entered appearance for the

respondent.

6. Taking into consideration the financial and physical inconvenience

expressed by the wife, who certainly has to take care of her minor daughter,

I am inclined to accept this transfer. Accordingly HMOP.No.4001 of 2023

now pending on the file of the I Additional Principal Family Court at

Chennai is withdrawn and is transferred to the file of the Principal Family

Court at Coimbatore.

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

7. The learned Principal Family Judge, Coimbatore shall club the said

HMOP on transfer along with M.C.No.228 of 2022 and dispose of the same

by way of a common judgment. This transfer civil miscellaneous petition is

being ordered because there should not be a conflict of judgments to be

rendered by the Family Court at Chennai and by the Family Court at

Coimbatore.

8. With the above directions, this transfer civil miscellaneous petition

is allowed. No costs. Consequently, the connected miscellaneous petition is

closed.

                                                                                       04.09.2024
                     nl

                     Index        : Yes/No
                     Speaking Order/Non-speaking order
                     Neutral Citation : Yes/No








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





                     To

1.The 1st Additional Principal Family Court, Chennai

2.The Principal Family Court at Coimbatore

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

V.LAKSHMINARAYANAN, J.

nl

04.09.2024

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