Allowed

Sathya v. Ponmanickam

Madras HC18 Apr 2023TR CMP(MD)/145/2023

Case brief

AI extract

What is this about?

In a transfer petition, the Madurai Bench of the Madras High Court directed the transfer of a matrimonial order from the Family Court, Madurai, to the Sub Court, Sivakasi, to consolidate proceedings with an existing restitution petition, balancing the logistical difficulties faced by both the deserted wife and the husband.

What did the court decide?

Direction to transfer H.M.O.P.No.1485 of 2022 to the Sub Court, Sivakasi, Virudhunagar, for joint trial with H.M.O.P.No.16 of 2023.

Sathya Vs Ponmanickam — Matrimonial and Divorce | Madras HC (2023)

¶1

Tr.C.M.P.(MD)No.145 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 18.04.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶6

Tr.C.M.P.(MD)No.145 of 2023 and C.M.P.(MD)No.3282 of 2023

¶7

Sathya, D/o.Anbuchezhiyan

¶8

.. Petitioner

¶9

Versus

¶10

Ponmanickam, S/o.Ponraj

¶11

.. Respondent

¶12

Prayer :- Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.1485 of 2022, on the file of the Family Court, Madurai, and transfer the same to the file of the Sub Court, Sivakasi, Virudhunagar District and try along with H.M.O.P.No.16 of 2023, on the file of the Sub Court, Sivakasi, Virudhunagar District.

¶13

For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.A.Saravanakumar

¶14

ORDER

¶15

The petitioner has filed this Transfer Civil Miscellaneous Petition seeking to

¶16

transfer H.M.O.P.No.1485 of 2022, pending on the file of the Family Court, Madurai, to the file of the Sub Court, Sivakasi, Virudhunagar District, for being tried along with H.M.O.P.No.16 of 2023, filed by the petitioner for restitution of conjugal rights.

¶17

https://www.mhc.tn.gov.in/judis

¶18

1/5

¶19

Tr.C.M.P.(MD)No.145 of 2023

¶20

In Paragraph Nos.8 and 9 of the affidavit filed in support of this Petition,

¶21

the petitioner has stated as follows:-

¶22

''8. I submit that the distance between Madurai and Sivakasi is about 75 KM and up and down it comes around 150 KM. Since it is very difficult for me to go every hearing to Madurai for attending the court. My husband is residing at Madurai and he is capable of travel to Sivakasi without any difficult. I state that under these circumstances I have filed this transfer petition to withdraw and transfer H.M.O.P.No.1485 of 2022 on the file of the learned Family Court, Madurai to the file of the learned Sub Court, Sivakasi, Virudhunagar district.

¶23

9. I submit that being a woman it is also difficult for to attend each hearing at Madurai. Further my age old parent could not accompany with me at the time of the hearing of the case. The Respondent and his family relatives are highly influential person and having money and muscle power. I respectfully submit that 1 am unemployed and at present very weak in financial situation. Hence I have also reasonable apprehended that my life is at peril. I state that I do not have any relatives at Madurai and it is more difficult to travel from Sivakasi to Madurai.''

¶24

This Transfer Civil Miscellaneous Petition is opposed by the learned counsel for the respondent. The respondent has filed a counter affidavit, wherein at Paragraph No.8, he has stated as follows:-

¶25

''8. I submit that if I want to go to Sivakasi Subcourt Vaitha, I wake up at 5.30A.M. in the morning get ready by 6.30A.M. leave home by bus at Arappalayam and reach Thirumangalam by 8.00A.M. Then it will be https://www.mhc.tn.gov.in/judis

¶26

2/5

¶27

Tr.C.M.P.(MD)No.145 of 2023

¶28

9.30AM to reach the Sivakasi Bus stand from there, and then it is 10.30A.M. to reach Sivakasi Sub Court from Sivakasi bus stand. After vaitha return to Madurai and reach home at 4.00P.M. I feel physically exhausted, one day the salary will be gone. so, therefore, I would like to state that it will be convenient for me, and the petitioner, if the two court cases are transferred to one court Virudhunagar Family court, it is 30K.M. from the petitioner's house, and 60 K.M. from me, the petitioner has completed two degrees, and currently she is working in College.''

¶29

Therefore, he prayed that both the cases to be transferred to one Court in Virudhunagar.

¶30

I have heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶31

Already, the petitioner has filed H.M.O.P.No.16 of 2023 for restitution of conjugal rights, which is pending before the Sub Court, Sivakasi, Virudhunagar District. The respondent has partially consented for transfer of H.M.O.P.No.1485 of 2022 to any other Court in Virudhunagar, other than the Sub Court, Sivakasi. There is no point in dislocating both the parties and subject them to inconvenience.

¶32

Considering the above, there shall be a direction to the learned Judge, Family Court, Madurai, to transfer H.M.O.P.No.1485 of 2022, to the Sub Court, Sivakasi, Virudhunagar District, for being tried along with H.M.O.P.No.16 of 2023.

¶33

https://www.mhc.tn.gov.in/judis

¶34

3/5

¶35

Tr.C.M.P.(MD)No.145 of 2023

¶36

This Transfer Civil Miscellaneous Petition stands allowed with the above

¶37

direction. No costs. Consequently, connected Miscellaneous Petition is closed.

¶38

NCC : Yes/No Index : Yes/No Internet : Yes/No smn2

¶39

18.04.2023

¶40

¶41

1.The Judge, Family Court, Madurai.

¶42

2.The Sub Judge, Sivakasi, Virudhunagar District.

¶43

https://www.mhc.tn.gov.in/judis

¶44

4/5

¶45

Tr.C.M.P.(MD)No.145 of 2023

¶46

C.SARAVANAN, J.

¶47

smn2

¶48

Order made in Tr.C.M.P.(MD)No.145 of 2023

¶49

18.04.2023

¶50

https://www.mhc.tn.gov.in/judis

¶51

5/5

Sathya v. Ponmanickam

Case brief

What is this about?

What did the court decide?

Sathya v. Ponmanickam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

A. Saraswathi Vs J. Muniyammal

M.R.Ganesh Vs S. Balamurugan

Muthayan, Vs Palani Chikku Gounder

Aarpulingam Vs Sekar

B. Shupriya Vs R. Saravanan

Sindhujagaayathiri, Vs Ravi