The court dismissed a transfer petition seeking to move a matrimonial case from Gudiyattam to Tamil Nadu, Chennai, holding the petitioner lach and lacking bona fide intent due to fabricated address documentation.
Transfer Civil Miscellaneous Petition dismissed. No costs. Connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 15.04.2016
CORAM
THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR
Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.26 of 2014 pending on the file of Sub-Court, Gudiyattam and transfer the same to Sub-Court, Tambaram.
For Petitioner : Mr.J.Kalidas for Tri Law Office For Respondent : Mr.K.Venkateswamy O R D E R
For Respondent : Mr.K.Venkateswamy
Sole Respondent has entered appearance through counsel and filed a counter. The arguments advanced on both sides are heard.
benevolent provision cannot be allowed to be misused by an unscrupulous wife by changing her residence after the filing of the case with a view to drag the husband to a place inconvenient to him. Admittedly, the residential address of the petitioner in the Transfer Civil Miscellaneous Petition is No.117A, Vivekanandar Street, Vinayagapuram, Gudiyattam Taluk, Vellore District. It is in the said address she was served with the summons in the H.M.O.P filed by the husband. It is also not in dispute that she preferred a complaint under the Domestic Violence Act showing the said address as her place of residence. However, in the Transfer Civil Miscellaneous Petition, she has chosen to contend that she is now temporarily residing at Plot No.29, Ground Floor, JV Nagar, Anna Nagar 9th Street, Madipakkam, Chennai – 600 091. In addition to the fact that she was very much residing within the jurisdiction of the Gudiyattam Sub-Court at the time of service of summons, there is no proof that the petitioner is residing in the above said Madipakkam address. The petitioner has chosen to produce a rental agreement (unregistered) under which the petitioner's brother is said to have become a tenant in respect of the property, which is shown as the present residential address of the petitioner. The said document seems to have been created for the purpose of this petition, which is apparent from a reading of the same in comparison with the address found in the petition for transfer.
"Plot No.21, Kalaimagal Street, Puzhuthivakkam, Chennai – 600 091 in the first floor having plinth area of 850 sq.ft. "
https://hcservices.ecourts.gov.in/hcservices/ The Transfer Civil Miscellaneous petition fails and
the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
gpa
To
1. The Sub-Judge,
Gudiyattam
+1 cc to M/s.TRI Law Associates, Advocate, sr.23955
Tr.C.M.P.No.68 of 2016 &
C.M.P.No.1325 of 2016
sv co
kra 05.05.2016
1 issue framed by the court
Whether a transfer petition under Section 19(iii-a) of the Hindu Marriage Act can be allowed when the petitioner provides false residence details to drag proceedings to an inconvenient forum.
2 provisions across 2 enactments
Petitioner
Respondent
P.R. Shivakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
