Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2019
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019
Mrs. V.M.Subashree .. Petitioner
Vs
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
ORDER
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.
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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
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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
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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
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Tr.CMP.No.189 of 2019
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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.
13.09.2019
Index : Yes/No
Internet : Yes/No
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and CMP.No.5873 of 2019
V.BHAVANI SUBBAROYAN,J.
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Tr.CMP.No.189 of 2019
and CMP.No.5873 of 2019
13.09.2019
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