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2024 Supreme(Online)(MAD) 14164
HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.ILANGOVAN
K. SADHANA – Appellant
Versus
S. MARISELVAM – Respondent
Convenience of the parties, especially the wife, is crucial in deciding the jurisdiction for matrimonial disputes.
Headnote:
Transfer - Matrimonial Proceedings - N/A - The court prioritized the convenience of the wife in transferring cases to facilitate her access to justice, emphasizing the importance of convenience in matrimonial disputes.
Fact of the Case:
The couple married in 2017 but faced marital discord, leading to a series of petitions for maintenance, divorce, and conjugal rights, with ongoing disputes causing concern for the wife's access to the court.
Finding of the Court:
The court found that the wife's need for convenience in accessing the court justified the transfer of ongoing cases from the Sub Court to the Family Court, emphasizing her travel difficulties.
Issues: Whether the ongoing matrimonial cases filed in different jurisdictions should be consolidated and transferred for the convenience of the wife.
Ratio Decidendi: In matrimonial matters, the convenience of the wife is a significant consideration when determining the forum for litigation.
Final Decision: The petitions for transfer were granted, allowing for cases to be moved to the Family Court in Madurai.
COMMON ORDER
These Transfer Civil Miscellaneous Petitions are filed seeking transfer of the proceedings in OS No.584 of 2022 and HMOP No.31 of 2023 pending on the file of the Sub Court, Uthamapalayam and transfer the same to the Family Court, Madurai to try along with HMOP No.619 of
2022.
2.The facts in brief:-
The marriage between the parties took place on
09/03/2017 at Murugan Thirumana Mandapam, Veerapandi, Theni District as per their religious customary rites. At the time of marriage, the parents of the wife has provided 30 sovereigns of gold ornaments and house-hold articles worth about Rs.5,00,000/- and shared half of the marriage expenses. They started living in the parental home happily. Thereafter, the husband and his family members picked up quarrel with her and driven out her from the matrimonial home. Out of the wedlock, she begotten a female child on 23/12/2017. In spite of repeated attempt made by the elder of the family members, there is no possibility of reunion. In the meantime, the husband filed a petition in HMOP No.259 of 2018 on the file of the Sub Court, Theni, seeking the relief of restitution of conjugal rights, whereas the wife filed a petition in HMOP No.202 of 2019 on the file of the Sub Court, Theni and also filed DVOP No.3 of 2019 on the file of the Judicial Magistrate, Kodaikanal against the husband and his family members. In that petition, the the husband was directed to pay the monthly maintenance of Rs.5,000/- to the wife and the children. But that was not complied by the husband. Thereafter, there was a compromise between the parties. So the wife has not pressed the case in HMOP No.259 of 2018 on 22/07/2020. Even though, there was compromise between the parties, thereafter, once again dispute arose between the husband and wife. So, the wife is constrained to file HMOP No.691 of 2022 and MC No.20 of 2022 on the file of the Family Court, Madurai seeking the relief of divorce and maintenance respectively. As a counter blast to the above said cases, the husband filed OS No.584 of 2022 and HMOP No.31 of 2023 on the file of the Sub Court, Uthamapalayam and now they are pending for adjudication.
3.Now these petitions are filed by the wife seeking transfer of the cases namely OS No.584 of 2022 and HMOP No.31 of 2023 on the ground that she now she is living in Madurai along with her aged parents and she has to travel Uthamapalayam,which is more than 125 kms from her locality.
4.Heard both sides.
5.The learned counsel appearing for the respondent/husband would submit that he is ready to provide the transport expenses of the wife, even ready to arrange accommodation and AC Car. On that account, he made strong objection for transferring the matter. But this sort of contention cannot be raised and accepted.
6.In a matrimonial proceedings, the convenience of the wife is a parameter.
7.In view of the above, without going into other aspects, these Transfer Civil Miscellaneous petitions are allowed. Accordingly, OS No.584 of 2022 and HMOP No.31 of
2023 pending on the file of the Sub Court, Uthamapalayam stand transferred to Family Court, Madurai to be tried along with HMOP No.619 of 2022. The transferee court is directed to transmit the case papers to the Family Court, Madurai, within a period of four weeks from the date of receipt of a copy of this order. After receiving the records, the Family Court, Madurai may assign new number and conduct the trial, after issuing notice to the parties for appearance and dispose the case in accordance with law.
8.With the above-said directions, these Transfer Civil Miscellaneous Petitions stand allowed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
08/03/2024 Index:Yes/No Internet:Yes/No er To, 1.The Family Court, Madurai.
2.The Sub Court, Uthamapalayam, Theni District.
3.The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.
G.ILANGOVAN, J er
08/03/2024
