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P.Ragupathi vs A.Subasri on 23 August, 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 23.08.2018

Reserved on : 31.07.2018
Pronounced on : 23.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

Tr.C.M.P.(MD)No.284 of 2018 and
CMP(MD)No.7062 of 2018

P.Ragupathi … Petitioner

-vs-

1.A.Subasri
2.Selvi dhanam … Respondents

PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw the case in H.M.O.P.No.72 of 2018 pending on the file of
learned Family Court, Karur, Karur District to transfer the same to the file
of any of the competent Court in the Dindigul, Namakkal or any other
District.
For Petitioner : Mr.C.M.Arumugam
For Respondents : Mr.Balakrishnan (for R1)
for Mr.N.Sudhagar Nagaraj
:ORDER

The instant Transfer Civil Miscellaneous Petition is preferred by the
husband who is the respondent in a Hindu Marriage Original Petition
HMOP.No.72 of 2018, filed by his wife, pending on the file of the learned
Family Court Judge, Karur to any other competent Court in Dindigul, or any
other District.

2.The reasons adduced in the affidavit filed along with the
Tr.C.M.P(MD)No.284 of 2018 are that his marriage was solemnized with the
respondent/wife on 29.04.2007 at Prem Mahal, Karur District as per the Hindu
rites and customs. Out of the lawful wedlock, the couples were blessed with a
male child on 18.05.2008. At the time of their marriage, his wife was
practicing in Karur District Courts as Advocate. Thereafter she got through
her exam for the post of Assistant Public Prosecutor in the year 2014 and got
appointment in the year 2015, and presently she is serving as Assistant
Public Prosecutor Grade-II in a Judicial Magistrate Court, Namakkal District.

3.It is added further that as there were differences in their
matrimonial life, his wife filed a divorce petition in HMOP.No.237 of 2016
before the learned Principal Subordinate Judge, Karur under section 13(1)(i),
(i-a) (i-b). Pending proceedings the said case was transferred to the file
of learned Family Court Judge, Karur and was re-numbered as HMOP No.72 of
2018 as per the proceedings of the learned Principal District Judge, Karur
vide A.No.06/18/2018/A1 dated 24.01.2018. Thereafter the witness examination
was commenced on 23.03.2018, but during the course of cross examination, the
petitioner was constrained to face hurdles. Further, much trouble was given
to him and his advocate not only by the respondent/wife, but the surrounding
atmosphere was not conducive to have a meaningful trial. The father of the
respondent/ wife is an advocate practicing in the very same Karur District
Courts and the Counsel appearing on behalf of the wife is the Government
Pleader. The petitioner is all along being kept under panic and virtually he
is not able to conduct his case in a free manner without any fear, therefore
he prays this Court to transfer the case in HMOP No.72 of 2018 to any other
competent Court of any District.

4.Per contra, the learned Counsel for the respondent/ wife contended
that the allegations leveled in the affidavit filed along with the petition
for transfer are false and the case is pending from the date of filing that
is from the year 2016. When the petitioner is able to conduct the case from
2016 without any such allegation against the wife, it can be ascertained that
the alleged hardships he is facing is imaginary and nothing more. He has
brought to the attention of this Court that already the wife filed a Civil
Revision Petition in CRP(MD)No.1418 of 2018 for the speedy disposal of the
HMOP.No.72 of 2018 before this Court and by appreciating the reasons adduced
therein, this Court has inclined to pass an order to dispose the said civil
revision petition within a period of 2 months. Further, he has also pointed
out that the wife has extended her fullest co-operation to dispose of the
case as per the direction of this Court without any deviation.

5.To support his contention the learned counsel for the respondent has
relied on a judgment reported in (2016) 4 CTC 488 and 2016 (2) TLNJ 140
(civil). By relying on these judgments, the learned counsel for the
respondent has appealed that the convenience of woman is the paramount
consideration in deciding such petition for transfer and therefore, he prays
for the dismissal of the transfer petition.

6.I heard Mr.C.M.Arumugam, learned counsel for the petitioner and
Mr.Balakrishnan for Mr.N.Sudhagar Nagaraj, learned counsel for the 1st
respondent and perused all the materials available on record.

7.It is the specific contention of the learned counsel for the
petitioner that it is equally important to have the trial proceedings without
any fear as that of complete fairness in the trial proceedings. Further, the
learned counsel for the petitioner would submit that as far as the judicial
proceedings is concerned, it should be conducted in all fairness, it includes
that no panic shall be caused upon the minds of either parties in any manner.
In the instant case an affidavit is filed by the petitioner/husband that he
is prevented from conducting his case without fear. Further, the
respondent/wife is an Assistant Public Prosecutor Grade-II in Judicial
Magistrate Court, Namakkal. At the same time, the further submission is that
father of the respondent/wife is an advocate practicing in the Karur District
Courts. The learned Counsel appears on behalf of respondent/wife is presently
serving as a Government Pleader also in Karur District Court. However, the
contention of the learned counsel for the petitioner/husband that the father
of the respondent/wife is an advocate and she is being defended by a Counsel
who is a Government Pleader also shall one way or other cause influence the
minds of the Presiding Officer of the Court concerned can?t be accepted.

8.At the same time, this Court finds justification that the reason for
seeking transfer is also for the purpose that the petitioner/husband was not
only prevented to conduct his case in a free manner. But, he was subjected
for moral threat during the Court proceedings. This aspect is to be taken up
for consideration. Moreover, the petitioner/husband has not chosen any
particular Court to which the H.M.O.P. is to be transferred.

9.Undoubtedly the party who approaches the Court shall be at liberty to
conduct the proceedings without fear in any manner. In this connection the
reasons adduced in the affidavit filed along with transfer petition is fit
for consideration. At the same time, the learned Counsel for the
respondent/wife would contend that the proceedings before the learned Family
Court, Karur is being conducted in an impartial manner. On the other hand, he
has not opposed the contention of the learned Counsel for the
petitioner/husband that the husband was virtually placed under mental threat
and panic is created in the minds of the Petitioner/Husband during the Court
proceedings. On the other hand, it is to be justified that all the judicial
proceedings must be conducted in accordance with law absolutely without any
substance of panic or threat in the minds of the parties concerned.

10.Further, to transfer the H.M.O.P.No.78 of 2018 to any other
competent Court in the nearby Districts, no prejudice will be caused on
either party. Though this Court is of the view that the convenience of the
woman in participating in the judicial proceeding is the paramount
consideration, the same has to be pushed back to the important aspect of
conduction of judicial proceedings without any kinds of fear in the minds of
the parties. So, for the foregoing discussion this Court is of the considered
view that the H.M.O.P.No.74 of 2018 shall be transferred to any of the
competent Court in the nearby District. Thus the H.M.O.P.No.74 of 2018 shall
be transferred to the file of the learned Family Court, Dindigul from the
file of the Learned Family Court, Karur.

11.Accordingly, this Transfer Civil Miscellaneous Petition is allowed
and the aforesaid H.M.O.P.No.74 of 2018 on the file of the learned Family
Court, Karur is hereby withdrawn and the same is transferred to the file of
the learned Family Court, Dindigul. Further, the Family Court, Dindigul is
directed to dispose the said H.M.O.P.No.74 of 2018 at the earliest preferably
within a period of three months from the date of receipt of a copy of this
order. The parties are hereby directed to extend their fullest co-operation
for the speedy disposal of the case without causing any kind of panic in the
minds of either party in any manner. No costs. Consequently, connected
miscellaneous petition is closed.

To
The Family Court, Karur.

.

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