The Court allowed transfer of matrimonial O.P. No.1734 of 2020 and connected M.C. No.185 of 2020 from Chennai Family Court to Sub Court/Judicial Magistrate, Tambaram, to avoid parties meeting frequently and considering convenience.
O.P No.1734 of 2020 and M.C.No.185 of 2020 transferred to Tambaram; disposal within 8 months directed.
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Tr.C.M.P(MD)No.71 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.03.2021
CORAM
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
Tr.C.M.P(MD)No.71 of 2021 and C.M.P(MD) Nos.1277 & 1282 of 2021
S.Anandram ... Petitioner/Respondent
-Vs-
J.Samaya Parvathi ... Respondent/Petitioner
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw O.P No.1734 of 2020, from the file of the 2nd Additional Family Court, Chennai and transfer the same to the file of Family Court, Trichy.
For Petitioner : Mr.H.Arumugam For Respondent : Mr.P.Pethu Rajesh
ORDER
The husband seeks transfer of O.P.No.1734 of 2020 on the file of the 2nd Additional Family Court, Chennai to the Family Court, Trichy.
2.The ground for transfer is that the husband is a resident of Trichy and the wife, who was living with him had gone to Chennai and filed the case at Chennai.
3.As per the proceedings before the Family Court, it is seen that the wife is the resident of Chennai. This Court and the Hon'ble Supreme Court have repeatedly held that it is the convenience of the wife, that should be predominant in the mind of the Court, when such request for transfer is considered. However, the convenience and the inconvenience of the other spouse should also be taken into account.
4.Considering the fact that the husband is the resident of Trichy and he has attended every hearing before the Family Court at Chennai, I am of the opinion that the proceedings could be transferred to nearby Sub Court, which will be convenient to both the parties. As serious allegations and counter allegations have been
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Tr.C.M.P(MD)No.71 of 2021
made against each other, I am of the opinion that it will be the interest of the parties that they do not meet each other frequently.
5.Both the learned counsels would submit that the proceedings in M.C.No.185 of 2020 is also pending on the file of the 2nd Additional Family Court, Chennai and the same may be transferred to the same Subordinate Court, so that both the proceedings could be tried together.
6.Considering the request of the learned counsels on both side, O.P No.1734 of 2020 is withdrawn from the file of the 2nd Additional Family Court, Chennai and transferred to the file of the Sub Court, Tambaram to be disposed of in accordance with law. M.C.No.185 of 2020 is withdrawn from the file of the 2nd Additional Family Court, Chennai and transferred to the file of Judicial Magistrate No.1, Tambaram. The learned Subordinate Judge and the learned Judicial Magistrate No.1, Tambaram, are directed to dispose of both the cases within a period of 8 months from the date of receipt of the papers from the transferrer Court.
7.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. However, there will be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
mm
To
1.The II Additional Family Court Judge, Chennai.
2.The Subordinate Judge, Tambaram.
3.The Judicial Magistrate, Court No.1, Tambaram.
+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-12589[F] dated 19/03/2021 )
+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-12861[F] dated 22/03/2021 )
Tr.C.M.P(MD)No.71 of 2021 19.03.2021
SSS(CO)
TR(20.04.2021) 2P 6C
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1 issue framed by the court
Whether the Family Court enquiry in matrimonial proceedings should be transferred from Chennai to Trichy or Tambaram considering residence and convenience of parties.
1 provisions across 1 enactments
S.Anandram
J.Samaya Parvathi
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
