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Judgments of Supreme Court of India and High Courts

Mrs. V.M.Subashree vs Mr.P.J.Sankar Ganesh on 13 September, 2019

Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019


DATED : 13.09.2019



Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019

Mrs. V.M.Subashree .. Petitioner


Mr.P.J.Sankar Ganesh …. Respondent

Prayer : Transfer Civil Miscellaneous Petition filed under Section 24
of Code of Civil Procedure, pleased to Withdraw the H.M.O.P.No. 19
of 2019 on the file of the District Family Court at Madurai District and
transfer the same to the Family Court at Chennai.

For Petitioner : Mr.B.Sundar
For Respondent : Mr.S.Diraviam Dinesh


The petitioner has sought for a direction to withdraw the

HMOP.No.19 of 2019 filed by the respondent husband for divorce,

which is pending before the District Family Court at Madurai and

transfer the same to the Family Court at Chennai.
Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019

2. The case of the petitioner is that she got married to the

respondent herein on 26.11.2012 at MAC Shenbalinga Nadar

Sironmani Ammal Kalyana Mandam at Madurai and they were living

together in Chennai for some time at Vadapalani and later, the

respondent got transfer to Bengaluru, where the petitioner also

shifted and continued there for few more years. The petitioner’s

contention is that the respondent was working as software engineer

and was very ambitious to buy a house of his own in Chennai even

though he could not afford to buy the same using the petitioner

money, they purchased the same.

3. In January 2019, the respondent asked the petitioner to

go to her parents house for celebrating the Pongal festival and later

he did not take up her calls and did not answer her at any point of

time. Later, it was found that respondent was angry on her for not

supporting him financially for purchase of the house. The respondent

has deliberately filed a petition for divorce in Madurai and that the

respondent knowing well that the petitioner was now residing at

Chennai with her parents in Anna Nagar and the petitioner’s mother

was seriously ill and taking treatment in Chennai and she was looking

her mother and it would be inconvenient for the petitioner to go to
Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019

Madurai alone. Since the respondent is working at Bangalore, only to

harass the petitioner, the respondent filed a petition for divorce

before the Madurai Court. The learned counsel for the petitioner

further submits that it is practically unsafe and impossible for the

petitioner to attend every hearings at Madurai and the petitioner is

not financially sound or well off like the respondent, who can easily

come to Chennai, if he so desires and prays for transferring the

matter from Madurai to Chennai.

4. The husband/respondent has filed a counter objecting all

the allegations stated in the affidavit and the learned counsel for

respondent submitted that the petitioner is fond of luxury life style

and she forced him for lunch at 5-star hotels and wanted expensive

jewels on regular basis. The learned counsel for respondent further

submitted that the petitioner would pick up unnecessary quarrels and

damage the articles whenever her unreasonable demands were not

met and the petitioner would go to the parents’ house, stay there for

months together and would not even bother to answer the

respondent’s calls and the respondent had not made any demands

from her parents and he filed a H.M.O.P petition for divorce only

based on the conduct of the petitioner, which is forced him to file the

same. He would also submit that the petitioner is running two
Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019

business and she is getting more money from the said business and

collecting rent from the household properties, but the respondent is

an employee depending on the salary. The learned counsel for

respondent further submits that at the time of mediation the

petitioner and her family members had threatened that they will file

petition under Section 498A of IPC and also under the SectionDomestic

Violence Act and he was very much worried about facing trial before

the Family Court, Chennai. The respondent and his parents have filed

the complaint before the C-3, S.S. Colony Police station against the

petitioner stating that the petitioner had taken away the jewels of his

mother, when demanded they have not returned the same. The

petitioner, has political and muscle power at Chennai. Hence, she

seeks transfer of case to Chennai.

5. Heard the learned counsel appearing for both the parties.

6. This Court is of the view that both the parties complain

against each other, which has to be decided before the Trial Court.

Regarding transfer of the case from Madurai to Chennai is concerned,

this Court is of the view that the petitioner is at Chennai and it would

be possible for the respondent to reach Chennai, who is working at

Bangalore. Even though there are counter allegations against the
Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019

petitioner and the respondent, all these matters have to be decided

before the Trial Court for getting a decree of divorce.

7. Since it will be convenient for both the parties to attend

the Court at Chennai, the said HMOP filed by the husband before the

Madurai Court is transferred to the file of Family Court at Chennai. It

is made clear that both the parties should not indulge in any indecent

activities, which will harm either side. Both shall maintain decency

while attending the Court. If any indecent incident occurs then the

parties are at liberty to approach the concerned Police Station at any

point of time.

8. With the above observations, the transfer Civil

Miscellaneous appeal is allowed. No costs. Consequently, connected

miscellaneous petition is closed.


Index : Yes/No
Internet : Yes/No
Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019



Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019


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