Back
2018 Supreme(Mad) 1801
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. RAVINDRAN, J.
Elakkiyapriya - Petitioner
Versus
M.Shankar - Respondent
TR CMP.557 of 2018 and CMP.13659 of 2018
Decided on : 18-09-2018
Advocate Appeared:
For the Petitioner: Mr.Siva Rajasekaran
For the Respondent: Mr.V.Manisekaran
The court has the discretion to transfer proceedings to a more convenient location to ensure the cause of justice is advanced.
Headnote:
Transfer Petition - Divorce Proceedings - Transfer of Case from Chennai to Kallakurichi - The court found that conducting the proceeding at a court situated midway would advance the cause of justice, and therefore ordered the transfer of the divorce proceedings from Chennai to the Family Court at Villupuram for disposal as per law.
Fact of the Case:
The petitioner, who is the wife, sought transfer of divorce proceedings from Chennai to Kallakurichi due to difficulty and hardship in attending the proceeding at Chennai Court. The respondent, her husband, contested the transfer, expressing apprehension for his safety at Kallakuruchi.
Finding of the Court:
The court considered the inconvenience faced by the petitioner and the respondent's apprehension, and concluded that conducting the proceeding at a court situated midway would advance the cause of justice. As a result, the divorce proceedings were ordered to be transferred to the Family Court at Villupuram.
Issues: Transfer of divorce proceedings from Chennai to Kallakurichi, petitioner's hardship in attending the proceeding at Chennai Court, respondent's apprehension for safety at Kallakuruchi.
Ratio Decidendi: Conducting the proceeding at a court situated midway would advance the cause of justice, considering the inconvenience faced by the petitioner and the respondent's apprehension.
Final Decision: The court ordered the transfer of the divorce proceedings from the V Additional Family Court, Chennai to the Family Court at Villupuram for disposal as per law.
1. The petitioner is the wife.
2. The respondent is the husband.
3. It is found that the respondent has laid HMOP.No.2475/2018 against the petitioner for seeking divorce and the same is pending on the file of the V Additional Family Court, Chennai.
4. Seeking transfer of the abovesaid proceeding from Chennai Court to Kallakurichi Court, the present transfer petition has come to be laid by the petitioner.
5. According to the petitioner, she is residing at Kallakuruchi, far away from Chennai and thereby experiencing difficulty and hardship in attending the proceeding at Chennai Court and accordingly sought for the transfer of the proceeding as prayed for. The respondent has contested the claim of the petitioner in transferring the proceeding to Kallakurichi Court and during the course of arguments, the respondent's counsel would also contend that the petitioner is employed at Chennai and also residing at Chennai. However, the said fact is stoutly resisted by the petitioner. Despite the same, no material, prima facie, has been projected by the respondent to evidence that the petitioner is employed at Chennai as well as residing at Chennai. On the other hand, according to the petitioner, she is residing at Kallakuruchi, Villupuram District. The respondent's counsel put forth that the respondent apprehends danger to his body and life at Kallakuruchi in the event of the proceeding being transferred to Kallakuruchi court and accordingly resisted the transfer request of the petitioner. The abovesaid apprehension put forth by the respondent should also be taken into consideration.
6. The respondent's permanent address is stated to be at Kallakuruchi. The said fact is not controverted by the respondent as such. As above noted, the petitioner has expressed certain inconvenience and hardship in attending the proceeding at Chennai Court.
7. Considering the rival contentions put forth by the parties in all, in my considered opinion, conducting the proceeding at the court situated midway, would advance the cause of justice.
8. In the light of the abovesaid factors, HMOP.2475/2018 is withdrawn from the file of the V Additional Family Court, Chennai and transferred to the file of the Family Court at Villupuram for disposal as per law.
9. Accordingly, the Transfer Civil Miscellaneous Petition is ordered. Consequently, connected CMP No. 13659/2018 is closed.
