Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
Tr.CMP.Nos. 268 305 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
Tr.C.M.P. Nos.268 305 of 2021
and
C.M.P. Nos.7514 7082 of 2021
Subbulakshmi @ Lakshmi Priya … Petitioner in both petitions
Versus
R.Vaidyanathan @ Ganesh .. Respondent in both petitions
Prayer in Tr.C.M.P. No.268 of 2021: Transfer Civil Miscellaneous Petition
filed under Section 24 of Civil Procedure Code, to withdraw and transfer of
H.M.O.P. No.1116 of 2020 from the file of the Hon’ble Family Court at
Thiruppur and the same may be transferred to the Sub Court at Tambaram and
may be tried together with H.M.O.P. No.419 of 2020.
Prayer in Tr.C.M.P. No.305 of 2021: Transfer Civil Miscellaneous Petition
filed under Section 24 of Civil Procedure Code, to withdraw and transfer of
G.W.O.P. No.157 of 2021 from the file of the Hon’ble Family Court, Thiruppur
and the same may be transferred to the Sub Court at Tambaram and may be
tried together with H.M.O.P. No.419 of 2020.
For Petitioner : Mr. K.M.Anand
(in both petitions)
For Respondent : No appearance
(in both petitions)
https://www.mhc.tn.gov.in/judis/
1/6
Tr.CMP.Nos. 268 305 of 2021
COMMON ORDER
Despite notice having been served on respondent as early as on
26.04.2021 and 05.05.2021, no one entered appearance on behalf of the
respondent. Since sufficient time has already been given to the respondent, this
Court proceeds further to dispose of these petitions on the basis of averments
made in this petition. The respondent is set ex-parte.
2. These transfer petitions are filed to withdraw and transfer the
proceedings in H.M.O.P. No.1116 of 2020 and G.W.O.P. No.184 of 2021 from
the file of the Family Court, Tiruppur to the Sub Court, Tambaram and to be
tried along with H.M.O.P. No.419 of 2020, pending on the same file. The
petitioner is the wife. The marriage between the petitioner and the respondent
husband was solemnized on 02.12.2010 at Chennai and the petitioner gave
birth to a female child. The petitioner filed a divorce petition in H.M.O.P.
No.419 of 2020 before the Sub Court, Tambaram. The respondent husband
filed a petition for restitution of conjugal rights in H.M.O.P. No.1116 of 2020
and a petition for custody of his minor daughter under the provisions of
Guardian and Wards Act, 1890, in G.W.O.P. No.184 of 2021 before the Family
Court, Tiruppur. Stating that the petitions filed by the petitioner is pending
before the Sub Court, Tambaram, the petitioner wife seeks transfer of cases
https://www.mhc.tn.gov.in/judis/
2/6
Tr.CMP.Nos. 268 305 of 2021
filed by the respondent in H.M.O.P. No.1116 of 2020 and G.W.O.P. No.184 of
2021 before the Family Court, Tirupur, to the Sub Court, Tambaram and to be
tried along with H.M.O.P. No.419 of 2020, pending on the same file.
3. The petition filed by the husband under Guardian and Wards Act,
1890, can be entertained only by the District Court having jurisdiction of the
district where the minor daughter is residing. The issues that may arise for
consideration in the petition filed under Guardian and Wards Act, are not
similar to the issues that arise for consideration in the petitions for restitution of
conjugal rights and divorce. This Court and the Hon’ble Supreme Court, in all
similar cases, have held that, the convenience of wife is relevant. In the present
case, the wife is living with her minor daughter at Tambaram, Chennai. It will
be difficult for the petitioner / wife to travel long distance with her minor
daughter. The joint trial of H.M.O.P. No.1116 of 2020 and H.M.O.P. No.419 of
2020 will be in the interest of both the parties. Also, it will reduce the time and
expenses for the petitioner as well as the respondent.
4. Learned counsel appearing for the petitioner agrees that the matters
can be heard and disposed of by Family Court, Chengalpattu and District Court,
Chengalpattu and that it will be convenient for both sides.
https://www.mhc.tn.gov.in/judis/
3/6
Tr.CMP.Nos. 268 305 of 2021
5. Considering the nature of grievance and the submissions of the learned
counsel appearing for the petitioner, this Court is inclined to pass the following
order:
H.M.O.P. No.1116 of 2020 and H.M.O.P. No.419 of 2020 are hereby
withdrawn from Family Court, Tiruppur and Sub Court, Tambaram,
respectively and transferred to Family Court, Chengalpattu, to be tried and
disposed of jointly.
G.W.O.P. No.184 of 2021 pending on the file of Family Court, Tiruppur,
is hereby withdrawn and transferred to District Court, Chengalpattu.
6. Accordingly, these transfer civil miscellaneous petitions are disposed
of. No costs. Consequently, connected miscellaneous petitions are closed.
12.07.2021
Index:Yes/No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis/
4/6
Tr.CMP.Nos. 268 305 of 2021
To
1. The Family Court, Tiruppur.
2. The Family Court, Chengalpattu.
3. The Sub Court, Tambaram.
4. The District Court, Chengalpattu.
https://www.mhc.tn.gov.in/judis/
5/6
Tr.CMP.Nos. 268 305 of 2021
S.S.SUNDAR. J.,
bkn
Tr.C.M.P. Nos.268 305 of 2021
12.07.2021
https://www.mhc.tn.gov.in/judis/
6/6
