Research › Search › Judgment

Madras High Court · body

2015 DIGILAW 946 (MAD)

K. Shanthi v. A. Kumar

2015-02-17

D.HARIPARANTHAMAN

body2015
Judgment 1. The petitioner in both the petitions is the wife and the respondent is the husband. 2. The respondent husband filed G.W.O.P.No.9 of 2012 on the file of the Principal District Judge, Thanjavur, claiming custody of two minor children and the same is pending. 3. Further, the respondent husband filed H.M.O.P.No.179 of 2011 on the file of the Principal Subordinate Judge, Thanjavur for divorce and the same is also pending. 4. Now, the petitioner/wife has filed these two applications to transfer G.W.O.P.No.9 of 2012 pending on the file of the Principal District Judge, Thanjavur and H.M.O.P.No.179 of 2011 pending on the file of the Principal Subordinate Judge, Thanjavur, to the Court of the Principal District Judge, Tiruchirappalli and the file of the Principal Subordinate Judge, Tiruchirappalli respectively. 5. The learned counsel for the respondent husband has submitted that the respondent resides at Boothalur in Tanjavur District and he works at Thuvakudi and hence, he objected to transfer the proceedings. 6. In my view, Thuvakudi is very near to Tiruchirappalli and Boothalur is not too far from Trichirappalli. Further, in the case of this nature, the convenience of the wife shall be given preference. The petitioner wife is also maintaining two minor children and she is residing at Trichirappalli. She is not an employed person. 7. Taking into account the circumstances, I am of the view that the applications have to be allowed. 8. Accordingly, these petitions are allowed and G.W.O.P.No.9 of 2012 the file of the Principal District Judge, Thanjavur is hereby withdrawn and transferred to the file of the Principal District Judge, Trichirappalli, if the same is not yet disposed of. The learned Principal District Judge, Thanjavur, is directed to send the case bundles to the Court of the learned Principal District Judge, Tiruchirappalli, immediately. 9. Though the petitioner seeks transfer of H.M.O.P.No.179 of 2011 pending on the file of the Principal Subordinate Court, Thanjavur to the file of the Principal Subordinate Judge, Tiruchirappalli, I am of the view that H.M.O.P.No.179 of 2011 pending on the file of the Principal Subordinate Court, Thanjavur shall also be transferred to the file of the Principal District Judge, Trichirappalli, since parties in both the proceedings are one and the same. 10. 10. Therefore, H.M.O.P.No.179 of 2011 pending on the file of the Principal Subordinate Judge, Thanjavur is hereby withdrawn and transferred to the file of the Principal District Judge, Trichirappalli, if the same is not yet disposed of. The learned Principal Subordinate Judge, Thanjavur, is directed to send the case bundles to the Court of the learned Principal District Judge, Tiruchirappalli, immediately. The Registry is also directed to send back the papers that are pending before the Registry. On receipt of the case bundles, the Principal District Judge, Trichirappalli is directed to try G.W.O.P.No.9 of 2012 along with H.M.O.P.No.179 of 2011. No costs. Consequently, connected miscellaneous petitions are closed.