Wednesday, July 17, 2013

1.don't marry. 2.IF marry, find girl within ur town, village. 3.ALL matri cases WILL b transfered to HER place !! Out of the 1000s transfer petitions that come up, most are transferred to wife's place. Husbands and parents and witnesses and husband's lawyers have to run around !!

1. the best advise for men today is "...don't marry..."

2.IF you have to marry, find a girl within your town, village or locality.

3. IF the marriage fails, ALL matrimonial cases WILL be transferred to HER place !! Out of the 1000s transfer petitions that come up, most are transferred to wife's place. Husbands and parents and witnesses and husband's lawyers have to run around !!


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* wife hails from Erode
* gets married, lives with husband at Trichy
* marriage breaks down, WIFE files case at Trichy !!
* then wife herself wants to transfer case to Erode ..her parents place..claims husband abusing her at Trichy !!
* Honourable High court also transfers case in spite of all the kicking and sreaming by husband !!

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS DOT NIC DOT IN SITE 

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2010

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN 

Tr.C.M.P.Nos.351 & 352 of 2009 and
M.P.Nos.1 and 1 of 2009

Tr.C.M.P.Nos.351 of 2009:

B.Mahalakshmi .. Petitioner. 

Versus

S.Nagamanickam .. Respondent.


PRAYER: Petition filed under Section 24 of Civil Procedure Code, seeking to transfer the H.M.O.P.No.116 of 2008, from the file of the Court of the Principal Subordinate Judge, Tiruchirapplli (Tiruchirapalli District) to the file of the Court of the Principal Subordinate Judge, Gobichettipalayam (Erode District).

  For Petitioner : Mr.S.Periyaswami
For Respondent : Mr.S.Shyam Kumar
Tr.C.M.P.Nos.352 of 2009:
1.B.Mahalakshmi
2.Nithin, minor represented 
by his mother and natural guardian,
B.Mahalakshmi. .. Petitioners.

Versus

S.Nagamanickam .. Respondent.

PRAYER: Petition filed under Section 24 of Civil Procedure Code, seeking to transfer the suit O.S.No.8 of 2008, from the file of the Court of the I Additional Subordinate Judge, Tiruchirapalli, to the file of the Court of the Principal Subordinate Judge, Gobichettipalayam. 

For Petitioners : Mr.S.Periyaswami
For Respondent : Mr.S.Shyam Kumar
COMMON ORDER

The transfer petition, in Tr.C.M.P.No.351 of 2009, has been filed to transfer H.M.O.P.No.116 of 2008, from the file of the Principal Subordinate Court, Tiruchirapalli, to the file of the Principal Subordinate Court, Gopichettipalayam, Erode District.

2. The transfer petition, in Tr.C.M.P.No.352 of 2009, has been filed to transfer the suit, in O.S.No.8 of 2008, from the file of the I Additional Subordinate Court, Tiruchirapalli, to the file of the Principal Subordinate Court, Gobichettipalayam. 

3. It has been stated that the marriage between the petitioner and the respondent was solemnised, on 21.7.2004, at Musiri, in accordance with the hindu rites and customs. It has been stated that the petitioner has a male child, aged about five years. However, due to the ill-treatment meted out to the petitioner, by the respondent and his parents, the petitioner had left the matrimonial home, at Balasamuthiram, Thottiyam Taluk, Tiruchirapalli District and had settled at Gobichettipalayam, along with her parents. 

4. While so, the respondent had filed H.M.O.P.No.116 of 2008, on the file of Principal Subordinate Court, Tiruchirapalli, for divorce. Since, the respondent had not been maintaining the petitioner and her minor son, she was compelled to file a civil suit, in O.S.No.8 of 2008, on the file of the First Additional Subordindate Court, Tiruchirapalli, claiming maintenance and monthly house rent allowance.

5. It has also been stated that, whenever the petitioner had gone to attend the hearings, in H.M.O.P.No.116 of 2008 and O.S.No.8 of 2008, at Tiruchirapalli, the respondent used to abuse the petitioner, threatening her with dire consequences. It has also been stated that the petitioner is finding it extremely difficult to attend the hearings, at Tiruchirappalli, along with her minor son, as her aged parents are living at Gobichettipalayam. In such circumstances, the petitioner has preferred the above transfer petitions.

6. Counter affidavits had been filed by the respondent in the transfer petitions, refuting the averments and allegations made by the petitioner in her affidavit filed in support of the petitions. It has also been stated that a transfer petition has been filed before the Principal District Court, at Tiruchirapalli, to transfer O.S.No.8 of 2008, pending on the file of the first Additional Subordinate Court, Tiruchirappali, to the Principal District Court, Tiruchirapalli. However, no orders had been passed in the said petition. It has also been stated that, the cause of auction for the suit, in O.S.No.8 of 2008 and H.M.O.P.No.116 of 2008, had arisen only within the jurisdictional limits of the Courts, at Tiruchirapalli. 

7. In view of the averments made on behalf of the parties concerned and on a perusal of the records available, it is seen that the petitioner is living at Gobichettipalayam, with her parents, along with her minor son. Both the suit, in O.S.No.8 of 2008, as well as the petition, in H.M.O.P.No.116 of 2008, had been filed by the petitioner before the Courts, at Tiruchirapalli, as she had her matrimonial home at Tiruchirapalli, at the time of the filing of the said cases. After the institution of the said cases, the petitioner had been living at Gobichettipalayam, along with her parents. She has also stated that due to the mental and physical abuse by the respondent she had left her matrimonial home. She has also alleged that she is facing threats during her visits to Tiruchirapalli, to attend the hearings in the said cases. In such circumstances, this Court finds it appropriate to transfer O.S.No.8 of 2008, from the file of the I Additional Subordinate Court, Tiruchirapalli and H.M.O.P.No.116 of 2008, from the Principal Subordinate Court, Tiruchirapalli, to the Principal Subordinate Court, Gobichettipalayam, as prayed for by the petitioner. 

The transfer petitions are ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed.


Index:Yes/No 11-03-2010

Internet:Yes/No

csh


To

1) The Principal Subordinate Judge, 
Tiruchirapplli (Tiruchirapalli District).
 
2) The Principal Subordinate Judge, 
Gobichettipalayam (Erode District).

3) The I Additional Subordinate Judge, 
Tiruchirapalli.


M.JAICHANDREN  J.

csh

Tr.C.M.P.Nos.351 & 352  of 2009

11-03-2010