IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 18.08.2008 CORAM THE HONOURABLE MR.JUSTICE S. RAJESWARAN Tr.C.M.P.No.46 of 2008 and M.P.No.2 of 2008 Manjula @ Manasi W/o.R.Balaji No.6 (Old No.226) Second Cross, 3rd Main, Pu.Ti.Na.Road, Hanumantha Nagar, Bangalore 560 019 .. Petitioner Vs. Sri.R.Balaji S/o. T.N.Rajendran, New No.3, Old No.3, Annasamy Street, Chennai 600 011 .. Respondent This transfer Civil Miscellaneous petition is filed under Section 24 of C.P.C. for transfer of H.M.O.P.No.3219 of 2007 from the file of II Additional Family Court, Chennai to the Principal Family Court, Bangalore. For Petitioner : Mr.K.Srinivasamurthy For Respondent : Mr.K.R.Hariharan ***** O R D E R
The Transfer Miscellaneous Petition is filed by the petitioner/wife, who is the respondent in H.M.O.P.No.3219 of 2007. The respondent/husband filed H.M.O.P.No.3219 of 2007 for divorce before the Second Additional Family Court, Chennai.
2. Notice was ordered on 5.2.2008 and interim stay was granted. The respondent/husband has entered appearance through counsel.
3. I have heard the learned counsel appearing for the petitioner/wife and the learned counsel appearing for the respondent/husband and I have also gone through the documents filed in support of their submissions.
4. The learned counsel for the petitioner submits that the petitioner/wife is aged about 31 years and she is having 15 months old baby and she is residing with her parents at Bangalore. According to the learned counsel for the petitioner, the marriage has taken place at Bangalore on 14.8.2006 and thereafter both the petitioner/wife and the respondent/husband had hardly stayed at Chennai. The respondent/husband has left for Jakarta on work and now he is in Bombay for seeking his employment. Since the petitioner/wife has now moved out of Madras and staying with her parents at Bangalore, she has filed this petition seeking transfer of the H.M.O.P.No.3219 of 2007 pending on the file of the II Additional Family Court, Chennai to the Principal Family Court, Bangalore.
5. Per Contra the learned counsel for the respondent/husband submits that a counter has been filed by him stating that there is no cause of action in Bangalore for transferring the matter. It is further stated that the wife has filed a petition under Domestic violence Act at Bangalore and it may not be possible for the respondent/husband to go to Bangalore to pursue the case filed by him in the event of transfer from Madras to Bangalore.
6. I am not able to accept the submissions made on behalf of the learned counsel for the respondent.
7. This is a case where the petitioner/wife has filed a petition for transfer of the H.M.O.P.No.3219 of 2007 from Madras to Bangalore for the reason that she has been residing at Bangalore with her parents. Moreover, she is having a minor child of 15 months old and it is not possible for her to come to the Family Court, Chennai from Bangalore. On the other hand, it is stated that the respondent/husband is working in Bombay and he has to come to Madras to pursue the matter for each and every hearing. Therefore no prejudice will be caused to him, if the case is transferred from Chennai to Bangalore.
8. Considering the facts and circumstances of the case, I am of the considered view that the H.M.O.P.No.3219 of 2007 filed by the respondent/husband for divorce before the Court below has to be transferred to Bangalore.
9. Accordingly, I direct withdrawal of H.M.O.P. No.3219 of 2007 from the file of the Principal Judge, II Additional Family Court, Chennai and transfer the same to the file of the Principal Family Court at Bangalore.
10. The Principal Judge, II Additional Family Court, Chennai is directed to send the entire records in H.M.O.P.No.3219 of 2007 to the Principal Family Court, Bangalore as expeditiously as possible.
11. In the result, the transfer civil miscellaneous petition is allowed. No costs. Consequently, connected M.P.No.2 of 2008 is also closed.
aes/vaan To The Principal Judge, II Additional Family Court, Chennai