Madras High Court
Sindhu @ M.Dakshana vs M.Palanisamy on 10 September, 2024
Tr.C.M.P. No. 677 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2024
CORAM
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P. No. 677 of 2024
and
C.M.P. No. 14590 of 2024
Sindhu @ M.Dakshana ... Petitioner / Respondent
Vs.
M.Palanisamy ... Respondent / Petitioner
PRAYER: Transfer Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, 1908, to withdraw the petition in H.M.O.P. No. 114
of 2023 pending on the file of the Subordinate Court, Bhavani and transfer the
same to the file of the Subordinate Court, Tiruchengode and to be tried jointly
along with H.M.O.P. No. 31 of 2023.
For Petitioner : Mr. L.Mouli
For Respondent : Mr. M.Venkadesh Kumar
ORDER
The petitioner is the wife. She married the respondent on 12.06.2011.
From the wedlock, a female child was born on 03.01.2016. Thereafter, the
parties separated on 11.03.2020 alleging that the husband had meted cruelty to
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her. She presented H.M.O.P. No. 31 of 2023 on the file of the Sub Court at
Tiruchengode. In the meantime, the husband had presented a petition for
restitution of conjugal rights before the Sub Court at Bhavani. Since both the
proceedings have to be tried together, the present transfer petition has come
before this Court.
2. Notice was ordered in this petition on 18.07.2024 and Mr.
M.Venkadesh Kumar entered appearance for the respondent.
3. Heard Mr. L.Mouli for the petitioner and Mr. M.Venkadesh Kumar
for the respondent.
4. It is not in dispute that the husband has initiated proceeding for
restitution of conjugal rights and the wife has initiated proceeding for divorce.
Mr. M.Venkadesh Kumar would bring the notice of this Court by way of
counter and typed set of papers that the wife is not residing in Kumarapalayam
now but she is working with Sathyabama School of Science and Humanities at
Chennai. He would point out that the petitioner is an Assistant Professor in the
Physics Department of the said institution. He would further state that the wife
has kept the child away from him from the time of separation in 2020. He
would plead that he has already initiated a proceeding for the custody of the
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child in G.W.O.P. No. 127 of 2024 on the file of the Principal District Court at
Namakkal. He would plead, in case, the proceedings are transferred to the file
of the Family Court at Erode, it would meet the ends of justice.
5. I have carefully considered the submissions on either side.
6. I have take note of the submission of Mr. L.Mouli that though the
wife is working in Chennai, she travels over the weekend to Kumarapalayam
to be with the child. He would state that he moved this transfer petition only in
order to avoid conflict in judgment between the Courts at Tiruchengode and
Bhavani. The proceeding, being one for divorce and the other for restitution of
conjugal rights, the interest of justice will be served, if both the proceedings
are tried together by the same learned Judge.
7. Taking into consideration the convenience of the wife, H.M.O.P. No.
114 of 2023 pending on the file of the Sub Court at Bhavani is transferred to
the file of the Sub Court at Tiruchengode to be heard and disposed of along
with the H.M.O.P. No. 31 of 2023. Being a Subordinate Court, it is not
necessary for the parties to appear for every hearing as would be in the case, if
the matter is transferred to a Family Court. Therefore, I am not inclined to
consider the request of Mr. M.Venkatesh Kumar to transfer all the
proceedings to the file of the Family Court at Erode.
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8. Considering the request of Mr. M.Venkadesh Kumar, I ask Mr.
L.Mouli to get instructions from his client if she is willing to permit the father
to visit the child on a date of convenient to her. On instructions, Mr. L.Mouli
reports that the wife has no objection for the father to visit the child. By
consent, the place is fixed as Arulmigu Kandhasamy Temple, Tiruchengode to
Salem Main Road, Kalipatti, Namakkal - 637 501. The father will meet the
child on every Sunday between 9.00 a.m. and 11 a.m. at the aforesaid temple.
This is only an interim arrangement. It is open to both the parties to move the
District Court at Namakkal, in case, they seek to modify the visitation as well
as interim guardianship, as the case may be.
9. With the above direction on visitation, the transfer miscellaneous
petition stands allowed. No costs. Consequently, the connected miscellaneous
petition is closed.
10.09.2024
Index : Yes/No
Speaking order : Yes/No
NCC : Yes/No
pal
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To
1. The Subordinate Court, Bhavani
2. The Subordinate Court, Tiruchengode
https://www.mhc.tn.gov.in/judis
V.LAKSHMINARAYANAN, J.,
pal
10.09.2024
https://www.mhc.tn.gov.in/judis
