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Subbulakshmi @ Lakshmi Priya vs R.Vaidyanathan @ Ganesh on 12 July, 2021

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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)

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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

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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.
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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

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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.

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Tr.CMP.Nos. 268 305 of 2021

S.S.SUNDAR. J.,

bkn

Tr.C.M.P. Nos.268 305 of 2021

12.07.2021

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