V.Muthumariammal@Reena v. B.Rajaram
Case brief
What is this about?
The Madurai Bench transferred a High Court Original Miscellaneous Petition from the Family Court at Madurai to the Subordinate Court at Theni to balance the convenience of the petitioner wife and respondent husband, as the wife resides in Theni while the husband resides in Madurai.
What did the court decide?
Permission granted to withdraw H.M.O.P. No. 656 of 2020 from Family Court, Madurai and transfer it to the Subordinate Court, Theni for hearing and disposal.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TR.C.M.P.(MD)No.299 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2021 CORAM THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD)No.299 of 2020 and C.M.P.(MD)No.6483 of 2020 V.Muthumariammal @ Reena : Petitioner / Respondent Vs. B.Rajaram : Respondent/ Petitioner
PRAYER:- The petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.656 of 2020 on the file of the Family Court, Madurai and transfer to same to the file of the Family Court, Theni.
For Petitioner :Mr.M.Ramesh For Respondent :Mr.R.Venkatesan ****
ORDER
The wife seeks transfer of H.M.O.P.No.656 of 2020 filed by the husband on the file of the Family Court, Madurai to Family Court at Theni.
2.Transfer is sought for mainly on the ground of convenience, since the wife is a resident of Uthamapalayam in Theni District. The husband is a resident of Madurai.
3.Mr.R.Venkatesan, learned Counsel for the respondent/husband would submit that if the proceedings are transferred from the Family Court, Madurai to Family Court, Theni, the respondent would be forced to travel to Theni for every hearing, as the proceedings before the Family Court requires the presence of the parties for each and every hearing.
4.The Court has to look into the convenience of the wife. At the same time, the inconvenience caused to the husband because of the transfer, cannot be totally ignored. Considering the same and in the view to balance the rights of the parties, I am of the opinion that the OP could be transferred to the Subordinate Court, Theni, which is also empowered to try and dispose of H.M.O.P., so that the inconvenience caused to both parties will be reduced to a larger extent.
Issues for consideration
2 issues framed by the court
Whether the High Court has the jurisdiction to transfer a High Court Original Miscellaneous Petition from the Family Court, Madurai to the Subordinate Court, Theni under Section 24 CPC.
How to balance the convenience of both parties in determining the forum for transfer of matrimonial proceedings.
Parties & counsel
- petitioner
V Muthumariammal
- respondent
B Rajaram
Coram
R Subramanian
Case details
As recorded by the court registry
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