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Judgments of Supreme Court of India and High Courts

P.Sundaravalli vs P.Balapandian on 4 April, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 04.04.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

TR.C.M.P(MD)No.11 of 2019
and
C.M.P(MD)No.264 of 2019

P.Sundaravalli … Petitioner/
Respondent

Vs.

P.Balapandian … Respondent/
Petitioner

PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of
the Civil Procedure Code, 1908, praying to withdraw the divorce petition
filed by the respondent in H.M.O.P.No.108 of 2018 on the file of the Sub
Court, Ramanathapuram and to transfer the same to the file of the
Family Court, Tirunelveli to conduct joint trial along with H.M.O.P.No.302
of 2018.

For Petitioner :Mr.K.R.Laxman

For Respondent :Mr.J.Senthil Kumaraiah

ORDER

This Transfer Civil Miscellaneous Petition has been filed by

the petitioner / wife seeking transfer of H.M.O.P.No.108 of 2018 from

the file of the Sub Court, Ramanathapuram to the file of the Family

Court, Tirunelveli to try along with H.M.O.P.No.302 of 2018.

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2.It is stated in the petition that the marriage between the

petitioner and the respondent was solemnized on 04.06.2017. After

marriage, both of them lived happily for some time. Later, due to

misunderstanding, the respondent herein / husband of the petitioner

filed H.M.O.P.No.108 of 2018 before the Sub Court, Ramanathapuram for

divorce. The petitioner / wife filed H.M.O.P.No.302 of 2018 before the

Family Court, Tirunelveli for restitution of conjugal rights. The grievance

of the petitioner is that she is residing at Tirunelveli, it is very difficult

for her to travel about 200 kms from Tirunelveli to Ramanathapuram for

attending each and every hearing of the case. Since the issue involved

in both the cases interrelated to each other, both the cases have to be

tried together and therefore, she requested to transfer the petition filed

by the respondent / husband in H.M.O.P.No.108 of 2018 to the file of the

Family Court, Tirunelveli and to direct the Family Court Judge, Tirunelveli

to try H.M.O.P.No.108 of 2018 along with H.M.O.P.No.302 of 2018, which

is pending on his file.

3.The learned counsel for the petitioner reiterated the averments

made in the petition. He would further submit that though the matter

was referred to the Mediation and Conciliation Centre attached to this

Bench, for amicable settlement, it could not be succeeded in view of the

fact that the respondent / husband insisted her to get transfer from

Cuddalore to Ramanathapuram, which is not in her hands. Thus, he

prayed to allow this petition.

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4.The learned counsel appearing for the respondent vehemently

opposed for transfer of the case in H.M.O.P.No.108 of 2018. However,

he submitted that in the event of transfer, this Court may direct the

Court below to dispose of both the cases within a stipulated time.

5.Heard the learned counsel for both sides and perused the

materials available on record.

6.The petitioner filed H.M.O.P.No.302 of 2018 for restitution of

conjugal rights before the Family Court, Tirunelveli. The respondent filed

H.M.O.P.No.108 of 2018 for dissolution of marriage, before the Sub

Court, Ramanathapuram. As rightly stated by the learned counsel for

the petitioner, the issue involved in both the cases are interrelated to

each other and therefore, the same should be tried together. The joint

trial would not only save the valuable time of the parties but also the

Court. It is seen that the petitioner / wife is residing at Tirunelveli and

the respondent / residing at Ramanathapuram. 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. In view of the above, I am

inclined to allow this petition and to transfer H.M.O.P.No.108 of 2018 to

the file of the Family Court, Tirunelveli for joint trial with H.M.O.P.No.302

of 2018.

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4

7.In view of the above, this Transfer Civil Miscellaneous Petition is

allowed with the following direction:

i)The learned Subordinate Judge, Ramanathapuram
is directed to transmit the entire records in H.M.O.P.No.
108 of 2018 to the file of the Family Court, Tirunelveli,
within a period of two weeks from the date of receipt of
copy of this order.

ii)The learned Family Court Judge, Tirunelveli, after
obtaining the records on transfer, is directed to tag
H.M.O.P.No.108 of 2018 along with H.M.O.P.No.302 of
2018 which is pending on his file, conduct joint trial and
dispose of the same on merits and in accordance with
law, preferably within a period of six months from the
date of receipt of records relating to H.M.O.P.No.108 of
2018.

No costs. Consequently, connected miscellaneous petition is closed.

04.04.2019

Index :Yes/No
Internet:Yes/No
smn

To

1.The Judge,
Family Court,
Tirunelveli.

2.The Subordinate Judge,
Ramanathapuram.

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

J.NISHA BANU,J.

smn

ORDER MADE IN
TR.C.M.P(MD)No.11 of 2019
and
C.M.P(MD)No.264 of 2019

04.04.2019

http://www.judis.nic.in

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