Transfer Civil Miscellaneous Petition seeking to move Domestic Violence proceedings from Chennai to Madurai was dismissed. The court held the absence of a disability certificate rendered the petitioner's claim regarding travel difficulties unproven.
Transfer Civil Miscellaneous Petition dismissed. Connected petition closed. No costs.
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Tr.C.M.P.(MD) No.116 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021
CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.116 of 2021 and C.M.P.(MD)No.2317 of 2021
1.J.Madhan
2.R.Jeganathan
3.A.Muthulakshmi
... Petitioners
-vs-
R.Nagasoundarya
... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in D.V.C.No.82 of 2018 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai and transfer to any one of the competent Court in Madurai.
For Petitioners : Mr.S.S.Sundara Pandian For Respondent : Mr.M.Aswin
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the proceedings in D.V.C.No.82 of 2018 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai and transfer to any one of the competent Court in Madurai.
2.The learned counsel for the petitioners would submit that the first petitioner and the respondent are husband and wife. The first petitioner filed H.M.O.P.No.722 of 2018 before the Family Court, Madurai for restitution of conjugal rights. The respondent filed DVC.No.82 of 2018 before the Metropolitan Magistrate Court, Saidapet, Chennai and it is pending. Thereafter, she filed Tr.CMP.No.683 of 2018 before this Court, seeking to transfer HMOP.No.722 of 2018 filed by the first petitioner from Madurai to Chennai Family Court and the same was transferred to the file of Family Court, Villupuram and it was renumbered as HMOP.No.11 of 2019, wherein, the first petitioner and the respondent are ordered to live together and granted restitution. The learned counsel further submitted that the petitioners 2 and 3 are senior citizens and that the third petitioner is a heart patient and the first petitioner has to take care of them. The first petitioner met with https://hcservices.ecourts.gov.in/hcservices/ an accident and due to the injuries sustained, he could not able to
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Tr.C.M.P.(MD) No.116 of 2021
travel for attending the Court regularly and he has also produced the discharge summary to that effect and the distance between Madurai and Chennai is about 450 kms. In such circumstances, it is difficult for the petitioners to travel from Madurai to Chennai for attending the Court hearings. Hence, he prays to transfer DVC.No.82 of 2018 to the file of Madurai Court.
3.The learned counsel for the respondent/wife would submit that the first petitioner has not produced the disability certificate to prove his contention. He would further submit that the respondent is having 4 years old child and she has no source of income and so far, the first petitioner has not paid any maintenance to the respondent. Therefore, it is difficulty for the respondent to travel from Chennai to Madurai for attending the case. Hence, he strongly opposes to transfer the case.
To:
The XVII Metropolitan Magistrate Saidapet, Chennai
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2 issues framed by the court
Whether Transfer Civil Miscellaneous Petition filed to transfer DV proceedings from Chennai to Madurai should be allowed considering the petitioner's alleged disability.
Whether the petitioner has produced sufficient evidence to prove his disability for the purpose of remitting the case to Madurai.
J.Madhan
R.Jeganathan
A.Muthulakshmi
R.Nagasoundarya
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
