Tr.C.M.P.(MD) No.214 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 30.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA

Tr.C.M.P.(MD) No.214 of 2018

and

C.M.P.(MD) No.5223 of 2018

P.Ramalakshmi

.. Petitioner/Respondent

-vs-

E.Sadha

.. Respondent/Petitioner

Prayer :- Petition filed under Section 24 of Code of Civil

Procedure, to withdraw the H.M.O.P.No.2139 of 2018 on the file of

Family court, Chennai and transfer the same to the file of Sub

Court, Tuticorin.

For Petitioner

:

Mr.S.Kumar

For Respondent

:

Mr.R.S.Kirubakaran

for Mr.K.Manikandan

******

ORDER

The above petition is filed by the petitioner/wife to transfer

H.M.O.P.No2139 of 2018 pending on the Family Court at Chennai to

the Sub Court, Tuticorin.

2.It is the case of the petitioner that she had married the

respondent on 16.05.2010 at Tuticorin. Her parents had provided

her with adequate gold, cash and household articles. After

marriage, the petitioner and the respondent had set up their

matrimonial home at Chennai along with the respondent's mother.

The petitioner would submit that thereafter her mother-in-law and

husband started harassing her stating that she was not a degree

holder. They had sent her back to her parents' house asking her to

complete her graduation and then return to the matrimonial home.

The petitioner accordingly completed her course and returned to her

matrimonial home. Thereafter, the respondent and his mother

started harassing her for more dowry. Not able to withstand the

harassment, the petitioner was forced to leave her matrimonial home

and her husband and mother-in-law had driven her to the same. From

the year 2012, she has been living with her parents and the

respondent has not provided any maintenance to her. She had all

along waited for her husband to rejoin her. However, to her shock

and surprise, she had received the notice in the above referred

HMOP filed by her husband, seeking divorce.

1/3

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

Tr.C.M.P.(MD) No.214 of 2018

3.The petitioner would submit that she is totally dependent on

her parents for her day-to-day living and since the proceeding is

before the Family Court, her presence for every hearing is

imperative. She would submit that she had to travel 600 kms for

every hearing and further she had no financial support from the

respondent. Therefore, the above petition for transfer had been

filed.

4.The respondent had entered appearance through counsel and he

would submit that the petition be transferred to a place which is

equi-distant distance for both as he feared for his life, if he is

made to appear in Sub Court at Thoothukudi, since the petitioner's

relatives are influential people and would harm him physically.

5.Heard the learned counsel appearing on either side and

perused the records.

6.The record would reveal that this Court had attempted to

mediate the dispute between the parties. However, the report of

the mediation centre shows that all efforts to mediate between the

parties had ended in a failure. The petitioner is seeking to have

the matter transferred to the Subordinate Judge Court, which does

not insist upon the presence of the parties for every hearing.

Therefore, it would suffice if the respondent appears before the

Court to adduce evidence alone. Therefore, the contention of the

respondent is ill-founded.

7.Be that as it may, in order to assuage the fear of the

respondent/husband, the Transfer Civil Miscellaneous Petition is

ordered and HMOP No.2139 of 2018 pending on the file of the Family

Court, Chennai, is withdrawn and transferred to the file of the

Sub Court, Thoothukudi. The petitioner needs to appear before the

Court only for adducing evidence and the learned counsel for the

petitioner assures the Court that the cross examination of the

respondent would take place on the very same day, when