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C.S.Prameena Vincy vs T.J.Dhilip on 21 February, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.02.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

TR. C.M.P(MD).Nos.519 and 520 of 2018
and
C.M.P(MD)Nos.12175 and 12176 of 2018

C.S.Prameena Vincy … Petitioner in both
the petitions /
Respondent

Vs.

T.J.Dhilip … Respondent in both
the petitions /
Respondent

PRAYER:- Transfer Civil Miscellaneous Petitions filed under Section 24 of

the Civil Procedure Code, 1908, praying to withdraw the case in

I.D.O.P.No.57 of 2018 and G.W.O.P.No.230 of 2018 from the file of the

District Court, Thiruvallur and transfer the same to the file of the

Principal District Court, Nagercoil.

For petitioner in
both the petitions :Mr.L.Shaji Chellan

For respondent in
both the petitions : No appearance

COMMON ORDER

These Transfer Civil Miscellaneous Petitions have been filed by

the petitioner / wife seeking to transfer I.D.O.P.No.57 of 2018 and
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G.W.O.P.No.230 of 2018 from the file of the District Court, Thiruvallur, to

the file of the Principal District Court, Nagercoil.

2. The learned counsel for the petitioner submitted that the

marriage between the petitioner and the respondent was solemnized on

04.09.2014. After marriage, both of them lived happily for some time

and they blessed with a male child and now the child is aged about 3

years. Since the respondent and his family members harassed the

petitioner demanding more dowry, the petitioner filed D.V.C.No.11 of

2017 on the file of the Judicial Magistrate No.II, Kulithurai and the same

is still pending. Later, the respondent herein / husband of the petitioner

filed I.D.O.P.No.57 of 2018 seeking restitution of conjugal rights and

G.W.O.P.No.230 of 2018 seeking guardianship of the minor child before

the District Court, Thiruvallur. The grievance of the petitioner is that the

respondent being a resident of Chennai has filed the above petitions at

the District Court, Thiruvallur, whereas the petitioner is residing at

Kanyakumari, along with her aged parents and as she is depending

upon her aged parents, it is very difficult for her to travel about 900 kms

from Nagercoil to Chennai, along with the child, for attending each and

every hearing of the case. Thus, he prayed to grant the reliefs sought

for in the petitions.

3. Though notice and private notice sent to the respondent, they

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returned with endorsements “refused” and “unclaimed” respectively,

which show that the respondent is not interested in prosecuting the

matter.

.

4. Heard the learned counsel for the petitioner and the learned

counsel for the respondent and perused the materials available on

record.

5. I am satisfied with the reasons stated by the petitioner. The

Hon’ble Supreme Court in the judgment reported in 2008 (9)SCC 353

(Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar

Gupta), has held that convenience of woman is to be taken into

consideration first at the time of considering transfer application.

Further, as per Section 9(1) of the Guardians and Wards Act, 1890, the

application with respect to the guardianship of the minor ought to have

been filed before the District Court having jurisdiction in the place

where the minor ordinarily resides, whereas, in this case, GWOP has

been erroneously filed by the respondent before the District Court,

Thiruvallur. In view of the above, I am inclined to allow both the Transfer

Civil Miscellaneous Petitions. Accordingly, both the petitions are allowed

with the following directions:

i) The learned District Judge, Thiruvallur is directed
to transmit the entire records in I.D.O.P.No.57 of 2018 and
G.W.O.P.No.230 of 2018 to the file of the Principal District
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Court, Nagercoil, within a period of two weeks from the
date of receipt of copy of this order.
ii) The learned Principal District Judge, Nagercoil,
after obtaining the records on transfer, is directed to hear
both the I.D.O.P.No.57 of 2018 and G.W.O.P.No.230 of
2018 and dispose of the same on merits and in
accordance with law, as expeditiously as possible.

No costs. Consequently, connected miscellaneous petitions are closed.

21.02.2019

Index :Yes/No
Internet:Yes/No
gcg

To,
1.The District Court, Thiruvallur.

2.The Principal District Court, Nagercoil.

http://www.judis.nic.in
5

J.NISHA BANU,J.

gcg

TR. C.M.P(MD).Nos.519 and 520 of 2018

21.02.2019

http://www.judis.nic.in

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