IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2019

C O R A M

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

TR C.M.P. No.260 of 2019

and

C.M.P.No.7558 of 2019

S.Ajimol

... Petitioner

Vs.

1.S.Shalin

2.B.Muthuvel

... Respondents

PRAYER: Transfer Civil Miscellaneous Petition filed under

section 24 of C.P.C., to withdraw and transfer I.D.O.P.No.267 of

2018 on the file of the Family Court, Kanyakumari at Nagerkoil

to be tried along with I.D.O.P.No.3443 of 2018 pending before

the V Additional Family Court, Chennai.

For Petitioner

: Mr.M.Murali Vinodh

For Respondents

: Notice served – No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed

seeking to withdraw and transfer I.D.O.P.No.267 of 2018 on the

file of the Family Court, Kanyakumari at Nagerkoil to be tried

along with I.D.O.P.No.3443 of 2018 pending before the V

Additional Family Court, Chennai.

2. The petitioner is the wife. The respondent is the

husband. The marital life between the parties is not cordial. It

is found that the petitioner has filed I.D.O.P No.3443 of 2018

for dissolution of marriage against the first respondent and the

same is pending on the file of the V Additional Family Court,

Chennai. It is also noted that the first respondent has filed

IDOP No.267 of 2018 against the petitioner for dissolution of

marriage and the same is pending on the file of the Family

Court, Kanyakumari at Nagercoil.

https://hcservices.ecourts.gov.in/hcservices/

3. Seeking transfer of the divorce proceeding laid by the

respondent to V Additional Family Court, Chennai the petitioner

has levied the transfer petition on the footing that she is

working at K-7, ICF Police Station as Court hardly and unable to

attend the proceeding at Family Court, Kanyakumari at Nagercoil

and furthermore, the distance between Chennai and Kanyakumari is

on the higher side and as the two proceedings are pending

between the parties with reference to the marital issues, the

determination of the two proceedings by one and the same Court

would advance the cause of justice and accordingly, prayed for

the transfer of the proceeding from Family Court, Kanyakumari at

Nagercoil to V Additional Family Court, Chennai.

4. In this matter, this Court ordered notice to the

respondents through Court as well as privately and the same was

served on them. Till date, no vakalat has been filed on behalf

the respondents. The respondents have not appeared in person or

through their counsel.

5. Heard the learned counsel for the petitioner and perused

the materials available on record, none appeared on behalf of

the respondents.

6. The petitioner has put forth certain inconvenience and

hardship in attending the proceeding at Family Court,

Kanyakumari at Nagercoil, the same has not been challenged by

the respondent. Furthermore, the two proceedings are pending as

regards the marital issues between the parties in different

forums. In such view of the matter, as rightly putforth, the

consolidation of two proceedings and the determination of the

same by one and the same Court would be beneficial to both the

parties and by way of the same, conflict of decisions could also

be avoided. Accordingly, it is seen that the cause of justice

would be advanced in the determination of the proceedings by one

and the same Court as above stated. The petitioner has projected

a cause for seeking transfer of the proceeding from Family

Court, Kanyakumari at Nagercoil to V Additional Family Court,

Chennai and the same has not been challenged. Thus, it is found

that the petitioner has made out a sound reason for accepting

the transfer request.

7 .For the reasons afore stated, IDOP.No.267 of 2018 is

withdrawn from the file of the Family Court, Kanyakumari at

Nagercoil and transferred to the file of the V Additional Family

Court, Chennai for joint trial along with I.D.O.P.No.3443 of

2018.

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