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2008 Supreme(Mad) 4689
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. VENUGOPAL
T. Usha Rani
Versus
G. Venkatesan
Tr.C.M.P.No.342 of 2008 and M.P.No.1 of 2008
Decided on: 17-12-2008
For the Petitioner:A.M. Packianathan Easter, Advocate.
For the Respondent:V. Bharathidasan, Advocate.
The health condition of a party can be a decisive factor in determining the transfer of a case based on convenience and the interest of justice.
Headnote:
Transfer - Jurisdiction - Civil Procedure Code Section 24 - The court discussed the convenience of the parties and the paramount interest of justice in allowing the transfer application. The court considered the health condition of the respondent/husband, who was suffering from a congenital heart disease, and dismissed the transfer CMP in his favor.
Fact of the Case:
The petitioner/wife filed a transfer application to withdraw a case from one court and transfer it to another due to convenience and the interest of justice. The respondent/husband opposed the transfer citing his health condition.
Finding of the Court:
The court found that the respondent/husband's health condition was a significant factor in dismissing the transfer application.
Issues: The main issue was the transfer of the case from one court to another based on convenience and the interest of justice.
Ratio Decidendi: The court considered the convenience of the parties and the paramount interest of justice in allowing the transfer application. The health condition of the respondent/husband was a decisive factor in dismissing the transfer CMP.
Final Decision: The transfer CMP was dismissed, and the petitioner/wife was given liberty to file a necessary application for seeking exemption from personal appearance. The trial Court was directed to dispose of the main case within four months.
1. The petitioner/wife has filed this Tr.C.M.P. to pray for issuance of the order by this Court to withdraw H.M.O.P.No.31 of 2007 from the file of Sub Judge, Mannargudi and to transfer the same to the file of Family Court, Chengalpattu or to any other Court having jurisdiction.
2. The petitioner is the wife of the respondent. The marriage between the parties has taken place on 19.06.2003 at Vivekanandham -Krishnaveni Marriage Hall, Thiruthuraipoondi according to Hindu rituals. The petitioner /wife has averred in the transfer CMP inter alia stating that on 23.05.2007 the respondent/husband called her by phone from Thiruthuraipoondi and asked her parents and brother to come down and meet him and they forced them to stay there for 3 days and while her father, her brother visited all her husbands relatives like sister, brother husband and his mother were assembled and waited for her relatives arrival and suddenly, they started quarrel with her father and brother and beaten them and her mother has been injured and she has been taken to the Hospital for treatment and the respondent/husband, fearing legal action on the side of petitioner, has filed a complaint in the police station and admitted himself in Government Hospital etc. and that on 02.07.2007 he has filed H.M.O.P.No.31 of 2007 on the file of Sub Judge at Mannargudi on the ground of cruelty giving the address at Trichirappalli and obtained an order of exparte divorce on 211. 2007, which she has come to know of the same in January 2008 and she filed I.A.No.24 of 2008 and got the matter restored by means of an order dated 14.08.2008 and the main HMOP is posted to 02.09.2008 for filing her counter statement and that she dependent on her father and brother, who are working at Chennai and her mother is a patient and that she could not travel along with her mother and she has own fear to travel alone to her husbands place and if H.M.O.P.No.31 of 2007 is transferred to the Family Court at Chengalpattu, then it will be quite convenient for her to attend the case and therefore, prays for allowing the transfer CMP in the interest of justice.
3. The respondent/husband has filed a detailed counter among other things mentioning that he has lodged a complaint before the Inspector of Police, Thiruthuraipoondi Police Station against his wifes father and brother and that in Crime No.229 of 2007 a case has been registered by Thiruthuraipoondi Police Station and a final report has been filed on 30.05.2007 against three individuals and that the HMOP proceedings has been filed only based on mutual agreement entered into between the parties dated 26.05.2007 and after signed the agreement and agreed for mutual divorce, now the petitioner/wife is contested the same and that no part of the cause of action has arisen within the jurisdiction of Family Court at Chengalpattu and that he is working as Office Assistant in the Highways Department at Thiruvarur and that he is an Heart patient, suffering from congenital Heart disease and taking treatment at Thiruvaur and that he has been advised not to travel long distance and if the HMOP proceedings are transferred to the file of Family Court at Chengalpattu, then he will have to appear for every hearing in connection with the case and if the case is heard at Sub Court, Mannargudi then the petitioner/ wife need not appear for every hearing and therefore, prays for dismissal of the transfer CMP.
4. The learned counsel for the petitioner/wife submits that in view of the criminal case registered against the brother and father of the petitioner/wife by the Thiruthuraipoondi Police Station, it is not conducive for the petitioner to travel to Mannargudi where the H.M.O.P.31 of 2007 is pending at Sub Court and since the petitioner being a lady and depending on her father and brother, she cannot travel a long distance to attend every hearing at Mannargudi and therefore, prays for allowing the transfer application in the interest of justice.
.5. Conten
