Allowed

S. Maria Glory Divya, v. S. Arokiya Joe Prince

Madras HC4 Apr 2024TR CMP(MD)/55/2023

Case brief

AI extract

What is this about?

In this matter, the wife filed a petition to transfer a pending divorce case from Madurai Family Court to Thoothukudi Family Court. The court held that the wife's convenience is a primary parameter in matrimonial proceedings. The transfer petition was allowed.

What did the court decide?

Transfer of IDOP No.1387 of 2022 from Family Court, Madurai to Family Court, Thoothukudi within four weeks.

S. Maria Glory Divya, Vs S. Arokiya Joe Prince — Service and Employment | Madras HC (2024)

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Tr.C.M.(MD)No.55 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date of Reserved : 26/03/2024 Date of Pronounced : 04/04/2024

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CORAM

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The Hon'ble Mr.Justice G.ILANGOVAN

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Tr.CMP(MD)No.55 of 2023 and CMP(MD)No.1312 of 2023

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S.Maria Glory Divya : Petitioner/Respondent

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Vs.

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S.Arokiya Joe Prince : Respondent/Petitioner

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PRAYER: -Transfer Civil Miscellaneous Petition is filed under section 24 of the Civil Procedure Code, to withdraw IDOP No.1387 of 2022 on the file of the Family Court, Madurai and transfer the same to the Family Court, Thoothukudi and pass such further or other orders.

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For Petitioner : Mr.V.Angusamy

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For Respondent : Mr.T.Pon Ramkumar

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ORDER

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This petition has been filed by the wife to withdraw

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IDOP No.1387 of 2022 on the file of the Family Court, Madurai and transfer the same to the Family Court, Thoothukudi.

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

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Tr.C.M.(MD)No.55 of 2023

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2. The facts in brief :-

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The marriage between the husband and wife took place on 13/05/2011 at Lurdhu Madha Church, Lurthammalpuram, Thoothukudi District. At the time of marriage, the parents of the wife have given 15 sovereigns of gold jewels as sridhana beside spending the marriage expenses.

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After the marriage, they started living in the matrimonial home at Villapuram, Madurai. The husband was working as a cutting agent in Madurai Karimedu Fish Market and thereby earning Rs.10,000/- per month. Thereafter to develop the business, the jewels belonging to the wife was pledged by the husband. In the meantime,

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she came to know that her husband had illegal relationship with other woman, who is doing retail sale of fish from Karimedu wholesale Fish Market. When that was questioned, the husband assaulted her physically and also gave mental torture. So she was forced to leave the matrimonial home. In the meantime, the husband filed a petition in IDOP No.1387 of 2022 on the file of the Family Court, Madurai, seeking the relief of divorce and now it is pending for adjudication.

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3.This petition is filed by the wife seeking

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transfer of the case in IDOP No.1387 of 2022 on the ground that now she is living in Thoothukudi along with

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

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Tr.C.M.(MD)No.55 of 2023

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her aged parents. She has to travel Madurai, which is more than 130 kms from her locality.

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5.Heard both sides.

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6.The learned counsel appearing for the husband would contend that he is facing life threat at the hands of the wife's family. Apart from that, he would submit that if court feels, transfer may be ordered in a place between Thoothukudi and Madurai.

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7.But this sort of contention cannot be raised and accepted. In a matrimonial proceedings, the convenience of the wife is a parameter.

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8.So without going into other aspects, this Transfer Civil Miscellaneous Petition is allowed. Accordingly, IDOP No.1387 of 2022 pending on the file of the Family Court, Madurai is transferred to the Family Court, Thoothukudi. The Family Court, Madurai is directed to transmit the case papers to the Family Court, Thoothukudi, within a period of four weeks from the date of receipt of a copy of this order. After receiving the records, the Family Court, Thoothukudi may assign new number and conduct the trial, after issuing notice to the

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

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Tr.C.M.(MD)No.55 of 2023

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parties for appearance and dispose the case in accordance with law. The petitioner must file an affidavit before the Transferee Court that no trouble will be made to the respondent at the time of attending the Court. No costs. Consequently, connected Miscellaneous Petition is closed.

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04/04/2024

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Index:Yes/No Internet:Yes/No er

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To,

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1.The Family Court, Madurai.

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2.The Family Court, Thoothukudi.

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3.The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.

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

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Tr.C.M.(MD)No.55 of 2023

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G.ILANGOVAN, J

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Tr.CMP(MD)No.55 of 2023

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04/04/2024

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

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S. Maria Glory Divya, v. S. Arokiya Joe Prince

Case brief

What is this about?

What did the court decide?

S. Maria Glory Divya, v. S. Arokiya Joe Prince

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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