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B.Vijayalakshmi vs S.Ezhilvanan on 20 February, 2020

Tr.C.M.P.No.71 of 2020 and
C.M.P. No.2400 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2020

CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

Transfer C.M.P.No.71 of 2020 and
C.M.P. No.2400 of 2020

B.Vijayalakshmi …Petitioner

vs.

S.Ezhilvanan …Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw G.W.O.P. No.201 of 2019 pending before the
Principal District Judge, Vellore and transfer the same to I Additional
Family Court at Chennai to be tried along with H.M.O.P. No.74 of 2020
pending before the I Additional Family Court at Chennai.

For Petitioner : Ms.Saitanya Kesan
for Mr.A.E.Ravi Chandran
For Respondent : No appearance

ORDER

The petitioner herein, namely wife, has filed the present transfer

civil miscellaneous petition under Section 24 of the Civil Procedure

Code, for transferring G.W.O.P. No.201 of 2019 pending on the file of

Principal District Judge, Vellore to the file of I Additional Family Court

at Chennai, to be tried along with H.M.O.P. No.74 of 2020 pending
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Tr.C.M.P.No.71 of 2020 and
C.M.P. No.2400 of 2020

before the I Additional Family Court at Chennai.

2. The marriage between the petitioner and the respondent

herein took place on 12.02.2014 and out of the wedlock, a male child

was born to them on 14.12.2014. According to the petitioner, the

respondent was suffering from mental illness, which forced her to

leave the matrimonial house apart from the fact that due to

harassment faced by her, a complaint has been lodged before the All

Women Police Station, Anna Nagar, Chennai in C.S.R No.250 of 2018.

It is further stated that, husband tried to take away the child from

her, which made her to lodge another complaint before the Inspector

of Police, Kaveripakkam, Vellore District in C.S.R. No.125 of 2019. It

is further stated that she has filed a petition for dissolution of

marriage on the ground of cruelty in H.M.O.P. No.74 of 2020 on the

file of I Additional Family Court at Chennai and in the meantime,

respondent herein/husband has filed a Guardianship OP in G.W.O.P.

No.201/2019 before the Principal District Judge, Vellore for appointing

him as a guardian.

3. Admittedly both the issues are not common and that

G.W.O.P. No.201/2019 is pending before the Principal District Judge,

Vellore, which is a competent court in terms of Section 7 of the

Guardian and Wards Act, 1890. This court has also posed a question
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Tr.C.M.P.No.71 of 2020 and
C.M.P. No.2400 of 2020

to the petitioner as to whether the petitioner would permit the

husband to have visitation rights during the pendency of the matters,

without prejudice to the rights of the petitioner, as the child shall not

lose the love and affection of the father. Learned counsel for the

petitioner, submitted that her client is not willing to give visitation

rights to her husband.

4. On account of the difference of opinion between the petitioner

and respondent, this court, is of the view that the child should not lose

the love and affection of both the parents. Sometimes, the

child/children may be the bridge to unite the parents and the

petitioner fails to understand and because of the difference between

the husband and wife, child/children may become a orphan/orphans in

public.

5. The reasons stated in the affidavit for transfer, are not

germane and in the matrimonial matters, the parties have to appear

and also entitled to engage a lawyer to represent them. So also in the

matter of Guardians and Wards OP, the parties can be represented by

a lawyer and that, no prejudice is going to be caused, if both the

matters are tried at the respective courts where the matters are

pending now. Hence, the transfer civil miscellaneous petition deserves

to be dismissed.

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Tr.C.M.P.No.71 of 2020 and
C.M.P. No.2400 of 2020

Accordingly, the transfer civil miscellaneous petition is

dismissed. No costs. Consequently, the connected civil miscellaneous

petition is closed.

20.02.2020

Index : Yes/No
(Asr)

To :

The Principal District Court, Vellore.

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Page No.4 of 5
Tr.C.M.P.No.71 of 2020 and
C.M.P. No.2400 of 2020

S.VAIDYANATHAN,J.

(Asr)

Tr. C.M.P. No.71 of 2020 and
C.M.P. No.2400 of 2020

Dated : 20.02.2020

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Page No.5 of 5

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