Madras High Court
G.Chitra vs D.Ajay on 6 September, 2024
Tr.C.M.P. No.161 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2024
Coram
THE HON'BLE MR. JUSTICE V. LAKSHMINARAYANAN
Tr.C.M.P. No.161 of 2024 &
C.M.P.No.3173 of 2024
G.Chitra ... Petitioner
-Versus-
D.Ajay ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
Civil Procedure, to withdraw the case in H.M.O.P.No.561 of 2023 on the file of
the Subordinate Court, Alandur, and transfer the same to the file of the
Principal Subordinate Court, Kumbakonam, Thanjavur District and try along
with H.M.O.P.No.340 of 2023.
For the Petitioner : Mr.D.Gubendra Gunabalan
For the Respondent : Ms.S.Anuradha Balaji
ORDER
The petitioner is the wife. The respondent is the husband. Their marriage
was solemnised on 03.02.2021 at Kumbakonam. The husband has employed at
Bangalore. The parties have approached the Sub Court in Kumbakonam as well
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as the Sub Court, Alandur. The wife has also initiated proceedings under the
Domestic Violence Act before the Judicial Magistrate Court – I at
Kumbakonam. The husband has presented H.M.O.P.No.561 of 2023 seeking
for divorce. The wife also initiated H.M.O.P.No.340 of 2023 seeking for
restitution of conjugal rights. She pleads that the distance from Kumbakonam
to Chennai is around 320 kms and she is facing physical inability to undertake
this travel. Hence, this transfer petition.
2. Notice was ordered in the transfer petition on 21.02.2024 and
Ms.S.Anuradha Balaji, appears for the respondent.
3. Ms.Anuradha Balaji, would state that the husband will compensate the
wife if she were to travel from Kumbakonam to Chennai and she would state
that the husband is also willing to pay for the boarding charges of the wife at
Chennai.
4. The fact that the husband is appearing before the Courts in
Kumbakonam in D.V.C.No.20 of 2023 as well as in H.M.O.P.No.340 of 2023
is not in dispute. It is also cannot be disputed that the distance between
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Kumbakonam and Chennai is considerable. The wife, as seen from the
affidavit, does not have any support other than her aged father. The fact that the
husband is willing to pay travel expenses does not mean that the physical
inability vanishes. There is no doubt that to a certain extent it will reduce the
financial burden to the wife. Even if she receive the money from the husband,
she would still have to endure travelling from Kumbakonam to Chennai. The
husband is already appearing albeit through a counsel at Kumbakonam.
Furthermore, there must be no conflict of Judgments between the Courts at
Kumbakonam and the Courts in Chennai, in the proceedings initiated for
restitution of conjugal rights and divorce respectively.
5. Taking into overall consideration of the aspects, I am inclined to
withdraw H.M.O.P.No.561 of 2023 pending on the file of the Sub Court,
Alandur and transfer the same to the file of the Principal Subordinate Court,
Kumbakonam.
6. On re-numbering of H.M.O.P.No.561 of 2023, the learned Principal
Subordinate Judge, Kumbakonam, shall club the case along with
H.M.O.P.No.340 of 2023 and dispose of the same by recording the evidence in
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common and also render a Judgment in common.
7. With the above direction, this Transfer Civil Miscellaneous Petition is
allowed. No costs. Consequently, the connected miscellaneous petition is
closed.
06.09.2024
Jer
Index : yes / no
Internet : yes / no
Neutral Citation: yes / no
Speaking / Non Speaking Order
To
1.The Subordinate Judge, Alandur.
2.The Principal Subordinate Judge
Kumbakonam, Thanjavur District.
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V.LAKSHMINARAYANAN, J.,
Jer
Tr.C.M.P.No.161 of 2024 &
06.09.2024
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