Wife sought transfer of her husband's divorce petition from Family Court, Coimbatore to Dharmapuri, citing hardship as an unsupported housewife. Respondent preferred Salem; parties agreed on Salem. Court transferred the case to Family Court, Salem and directed mediation.
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.No.604 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Tr.C.M.P.No.604 of 2024 and C.M.P.No.12997 of 2024
G.Namagiri Lakshmi ... Petitioner
Vs.
V.Gowtham Guptha ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of
the Code of Civil Procedure, to withdraw and transfer the HMOP No.491/2024 on the file of Family Court, Coimbatore to the file of the Sub
Court, Pappireddypatti, Dharmapuri District.
For Petitioner : Mr.K.Prasanna For Respondent : Mr.V.Kadhirvelu
ORDER
The petitioner filed this transfer petition seeking transfer of
HMOP.No.491 of 2024 filed by her estranged husband/respondent from the
Page No.1 of 5
Tr.C.M.P.No.604 of 2024
file of the Family Court, Coimbatore to the file of the Sub Court, Pappireddypatti, Dharmapuri District.
2.The learned counsel for the petitioner submitted that marriage between petitioner and respondent solemnized on 18.01.2023. It is an arranged marriage and after few days from the marriage, the respondent and his family members started to ill-treat the petitioner. The main contention raised by the respondent in H.M.O.P.No.491 of 2024 is that the marriage has not been consummated between the petitioner and the respondent.
3.he learned counsel would further submit that the petitioner, after the matrimonial discord is living with her parents at Dharmapuri. Presently she is at the guidance and support of her parents. In such circumstances, forcing her to travel Coimbatore to attend the Court is an arduous task. Added to it, the petitioner is a housewife without earnings. With the support of her parents, she sustaining herself. She is facing very difficulty in attending the Court in Coimbatore.
Page No.2 of 5
Tr.C.M.P.No.604 of 2024
4 .The learned counsel for the respondent submits that his only
apprehension is that the petitioner with the aid of muscle men may cause harm to him, if he attends the Court proceedings at Dharmapuri. Therefore, he seeks to transfer the H.M.O.P to any Court at Salem.
5.The learned counsel for the petitioner agreed to transfer the
H.M.O.P.No.491 of 2024 to the Family Court, Salem.
6.In view of the above, this Court withdraws HMOP.No.491 of 2024
from the file of the Family Court, Coimbatore and transfers the same to the file of the Family Court at Salem.
7.At this juncture, the learned counsel for the petitioner and the respondent submits that dehors the transfer of case, both the petitioner and the respondent are willing for Mediation. Hence, the learned Judge, Family
Court, Salem, is directed to take appropriate steps in this regard.
8.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected civil miscellaneous petition is closed. No costs.
Page No.3 of 5
Tr.C.M.P.No.604 of 2024
29.07.2024
Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No Jer To 1.The Judge Family Court, Coimbatore.
2.The Judge Family Court, Salem.
M.NIRMAL KUMAR, J.
Page No.4 of 5
Tr.C.M.P.No.604 of 2024
Jer
Tr.C.M.P.No.604 of 2024 and C.M.P.No.12997 of 2024
29.07.2024
Page No.5 of 5
1 issue framed by the court
Whether HMOP No.491/2024 pending before Family Court, Coimbatore should be transferred to a court nearer the petitioner at Dharmapuri.
1 provisions across 1 enactments
G.Namagiri Lakshmi
V.Gowtham Guptha
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
