IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

Tr.CMP.Nos.639, 650 & 651 of 2021

and

CMP.Nos.16081, 16293 & 16295 of 2021

K.Gokulkumar ...Petitioner in Tr.CMP.No.639 of 2021

C.Jaya Sangeetha ...Petitioner in Tr.CMP.Nos.650 & 651 of 2021

Vs.

C.Jaya Sangeetha ...Respondent in Tr.CMP.No.639 of 2021

1.K.Gokulkumar

...1^st Respondent in Tr.CMP.Nos.650 & 651 of 2021

2.Palaniammal

3.E.Kolandavel

...2^nd and 3^rd Respondents in Tr.CMP.No.650 of

2021

Prayer in Tr.CMP.No.639 of 2021: Transfer civil miscellaneous

petition filed under Section 24 of C.P.C., seeking to withdraw

HMOP.No.3478 of 2021 pending on the file of the Family Court,

Chennai and transfer the same to the Family Court, Erode.

Prayer in Tr.CMP.No.651 of 2021: Transfer civil miscellaneous

petition filed under Section 24 of C.P.C., seeking to withdraw

FCOP.No.200 of 2020 on the file of the Family Court, Erode and

transfer the same to the file of the I-Additional Family Court,

Chennai to be tried along with HMOP.No.3478 of 2021.

Prayer in Tr.CMP.No.650 of 2021: Transfer civil miscellaneous

petition filed under Section 24 of C.P.C., seeking to withdraw

DVA.No.14 of 2020 on the file of the Judicial Magistrate,

Mettupalayam and transfer the same to the file of the I-

Additional Family ourt, Chennai to be tried along with

HMOP.No.3478 of 2021.

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

For Petitioner : Mr.I.C.Vasudevan

in Tr.CMP.No.639 of 2021

Mr.J.Saravanavel

in Tr.CMP.Nos.650 & 651 of 2021

For Respondents

: Mr.J.Saravanavel

in Tr.CMP.No.639 of 2021

Mr.I.C.Vasudevan

in Tr.CMP.Nos.650 & 651 of 2021

C O M M O N O R D E R

Transfer CMP.No.639 of 2021 has been filed by the husband

seeking to withdraw HMOP.No.3478 of 2021 filed by the wife on

the file of the Family Court, Chennai to the Family Court, Erode.

2.Tr.CMP.No.650 of 2021 has been filed by the wife seeking

transfer of domestic violence case in DVA.No.14 of 2020 on the

file of the Judicial Magistrate, Mettupalayam to the I-

Additional Family court, Chennai to be tried along with

HMOP.No.3478 of 2021.

3.Tr.CMP.No.651 of 2021 has been filed by the wife seeking

transfer of FCOP.No.200 of 2020 on the file of the Family Court,

Erode to the I-Additional Family Court, Chennai to be tried

along with HMOP.No.3478 of 2021.

4.It is not in dispute that the husband is a resident of

Erode as of today. It is also not in dispute that the wife

lives in United States. The proceeding in DVA.No.14 of 2020 is

pending before a Judicial Magistrate Court, which is a special

Court authorized to try offences under the Protection of Women

from Domestic Violence Act. The proceeding which is under a

special enactment cannot be transferred to be tried along with

HMOPs. Hence, Tr.CMP.No.650 of 2021 is dismissed.

5.As regards the proceedings under the Hindu Marriage Act

namely, HMOP.No.3478 of 2021 and FCOP.No.200 of 2020, the wife,

who is in United States is not going to appear in person in both

these cases. She will have to be necessarily represented by a

power agent. But, the husband, who is a resident of Erode will

have to appear in person in the Family Court at Chennai, if the

matter is transferred to the Family Court at Chennai.

Transferring the proceedings to Chennai would definitely cause

inconvenience to the husband, since the proceedings before the

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

Family court requires appearance of parties for every hearing.

Except having the pleasure of inconveniencing the husband, the

wife is not going to achieve anything by getting the case

transferred to the Family court, Chennai.

6.No doubt, the convenience of the wife is taken into

account, but in