Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 2639 (MAD)

Naveena v. R. Iyyaparaj

2014-08-14

R.MALA

body2014
Judgment : 1. The petitioner, who is the respondent in FCOP No.226 of 2014 pending on the file of the Family Court, Salem, has come up with this petition to transfer the same to the Poonamallee Court at Chennai, stating that she is residing within the jurisdiction of Chennai and the distance between both the places is 350 kilometers. Since she is having a child aged about 6 years, it is very difficult for her to travel with her minor child and hence prayed for transfer of the case from Family Court, Salem to Poonamallee Court at Chennai. 2. The respondent/husband has filed a counter stating that the age of the child is 6. Mainly focusing in paragraph 10 of the counter, it was stated that father of the petitioner i.e., the respondent in HMOP, is a very powerful man with deep political connections and hence according to his own claim, wields great influence in Chennai. He has further submitted that the petitioner/wife left the house of the respondent with life threat and he has also given a complaint vide receipt No.78/2014 before the Inspector of Police, Suramangalam Police Station, hence he prayed for dismissal of this petition. 3. Considering the rival submissions of both sides and on perusal of the typed set of papers, the respondent has filed FCOP No.226 of 2014 on the file of the Family Court, Salem for divorce on the ground of cruelty. The wife has come up with this petition for transfer. It is true that the respondent/husband herein filed a complaint before the Inspector of Police, Suramangalam Police Station, vide receipt No.78/2014 that he was threatened by the petitioner/wife. In that, it was stated that the wife has left the house without the consent of the respondent/husband along with the child after she made life threat. After that only the respondent/husband has filed the divorce petition. So no relevancy can be placed on the receipt issued by the Police Station. But admittedly, in paragraph 10, the respondent/husband has stated so. 4. As per the dictum of the Apex Court, since merely the husband or the wife receiving life threat will not be a reason for allowing or denying the transfer. But in that case, wife left the matrimony home, then only complaint was given at husband's place. But admittedly, in paragraph 10, the respondent/husband has stated so. 4. As per the dictum of the Apex Court, since merely the husband or the wife receiving life threat will not be a reason for allowing or denying the transfer. But in that case, wife left the matrimony home, then only complaint was given at husband's place. So I am of the view that the distance between the places is about 350 kilometers, so it is a fit case for ordering for withdrawal of FCOP 226 of 2014 pending on the file of the Family Court, Salem and transfer the said FCOP to the file of the III Additional Family Court, Chennai for disposal in accordance with law. The Presiding Officer of the Family Court, Salem is directed to transmit the records within 15 days from the date of receipt of a copy of this order. 5. The Transfer Civil Miscellaneous Petition is ordered in the above terms. No costs. Consequently, connected miscellaneous petition is closed.