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Judgments of Supreme Court of India and High Courts

S.Gold Jaya vs A.Jayakumar on 25 April, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 25.04.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

TR.C.M.P(MD)No.151 of 2019
and
C.M.P(MD)No.3215 of 2019

S.Gold Jaya … Petitioner / Respondent

Vs.

A.Jayakumar … Respondent / Petitioner

PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of
the Civil Procedure Code, 1908, praying to withdraw D.V.O.P.No.40 of
2018 pending before the District Judge No.II, Kanchipuram and transfer
the same to the Family Court at Nagercoil, Kanyakumari District for joint
trial along with I.D.O.P.No.27 of 2019 pending before the Family Court
at Nagercoil, Kanyakumari District.
For Petitioner : Mr.C.Sankar Prakash
For Respondent : No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed by

the petitioner / wife seeking transfer of D.V.O.P.No.40 of 2018 from the

file of the District Court No.II, Kanchipuram, to the file of the Family

Court at Nagercoil, Kanyakumari District and to try along with

I.D.O.P.No.27 of 2019, pending before the Family Court at Nagercoil,

Kanyakumari District.

http://www.judis.nic.in
2

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

petitioner and the respondent was solemnized on 27.12.2012. After

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

misunderstanding, the respondent herein / husband of the petitioner has

filed D.V.O.P.No.40 of 2018 before the District Court No.II at

Kanchipuram, seeking divorce with false allegations. Subsequently, the

petitioner / wife filed I.D.O.P.No.27 of 2019 for restitution of conjugal

rights before the Family Court at Nagercoil, Kanyakumari District. The

grievance of the petitioner is that the respondent being a resident of

Kanchipuram District has filed the above divorce petition at the District

Court No.II, Kanchipuram, whereas the petitioner is residing at

Kanyakumari District along with her aged parents and as she is

depending upon her aged parents, it is very difficult for her to travel

about 663 kms from Kanyakumari to Kanchipuram for attending each

and every hearing of the case. It is further stated that 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 D.V.O.P.No.40 of 2018 to

the file of the Family Court at Nagercoil, Kanyakumari District and to

direct the Judge, Family Court at Nagercoil, Kanyakumari District, to try

D.V.O.P.No.40 of 2018 along with I.D.O.P.No.27 of 2019, which is pending

on his file, conduct joint trial and dispose of the same on merits.

http://www.judis.nic.in
3

3.The learned counsel for the petitioner reiterated the averments

made in the petition.

4. Despite notice being served on the respondent and his name is

being printed in the cause list, there is no representation on behalf of the

respondent either in person or through Counsel.

5. Heard the learned counsel for the petitioner and perused the

materials available on record.

6. I am satisfied with the reasons stated in the affidavit filed in

support of this petition. 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 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.

In view of the above, I am inclined to allow this Transfer Civil

Miscellaneous Petition. Accordingly, this petition is allowed with the

following directions:

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4

J.NISHA BANU,J.

PJL

i) The learned District Judge No.II, Kanchipuram, is
directed to transmit the entire records in D.V.O.P.No.40 of
2018 to the file of the Family Court at Nagercoil,
Kanyakumari District, within a period of two weeks from
the date of receipt of copy of this order.

ii) The learned Judge, Family Court at Nagercoil,
Kanyakumari District, after obtaining the records on
transfer, is directed to tag D.V.O.P.No.40 of 2018 along
with I.D.O.P.No.27 of 2019, which is pending on his file,
conduct joint trial and dispose of the same on merits and
in accordance with law, as expeditiously as possible.
No costs. Consequently, connected miscellaneous petition is closed.

25.04.2019
Index :Yes/No
Internet:Yes/No
PJL

To

1.The Judge,
Family Court at Nagercoil,
Kanyakumari District.

2.The District Judge No.II,
Kanchipuram.

ORDER MADE IN
TR.C.M.P(MD).No.151 of 2019

http://www.judis.nic.in

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