IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2009 CORAM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Tr.C.M.P.NO. 316 Of 2009 Jayanthi ... Petitioner -Vs- M.Manivannan ... Respondent Tr.C.M.P. filed under Sec. 24 of C.P.C. to withdraw the O.P.No.4 of 2008 from the file of learned Subordinate Judge, Chidambaram and transfer the same to the Family Court, Chennai. For Petitioner ... Ms.R.Rajalakshmi for Mr. S.A.RAjan, For Respondent ... Mr.S.Viji ORDER This Transfer Petition is to withdraw the matrimonial proceedings in O.P.No.4 of 2008 from the file of learned Subordinate Judge, Chidambaram and to transfer the same to the Family Court, Chennai. 2. The respondent in O.P.No.4 of 2008 on the file of the learned Subordinate Judge, Chidambaram, is the petitioner in the Transfer Petition. The marriage between the petitioner and the respondent was solemnized on 09.12.2004 in accordance with the Hindu Custom and Practice. There are no issues in the said marriage.Subsequently, difference of opinion arose between the parties, which made the petitioner to withdraw from the company of the respondent. 3. Subsequently, the respondent filed a matrimonial proceedings in O.P.No. 4 of 2008 before the learned Sub-ordinate Judge, Chidambaram, praying for a decree of divorce to dissolve the marriage between the parties. The petitioner on her part filed an application in M.C.No.341 of 2008 before the II Additional Judge, Family Court, Chennai, claiming maintenance. Both these proceedings are now pending before the respective Courts. 4. In the affidavit filed in support of the application for transfer, it was the contention of the petitioner that she is residing at Chennai and her father is also employed here and as the https://hcservices.ecourts.gov.in/hcservices/ maintenance case is now pending consideration before the Family Court, Chennai, it would be in the interest of both parties to have joint trial of both the matters at Chennai. It was her further contention that in the event of conducting the proceedings at Chidambaram, she would be put to undue difficulties inasmuch as the respondent as well as his relatives are highly influential persons residing at Chidambaram. 5. In the counter affidavit filed on behalf of the respondent, the entire averments as found in the Transfer Petition was denied. According to the respondent, it was only after filing the divorce petition by him before the Sub-Court, Chidambaram, the petitioner has chosen to file the maintenance case before the Family Court at Chennai and as such, there was no bona fides in her contention that the earlier proceeding has to be transferred to Chennai. 6. It is not in dispute that the proceedings initiated by the petitioner claiming maintenance against the respondent is now pending before the II Additional Judge, Family Court, Chennai. After the amendment made to the Hindu Marriage Act, it would be possible for the wife to institute proceedings before the Court in whose jurisdiction she resides. Now there are two proceedings pending before two different courts and that too with respect to the very same subject matter; in case, these two proceedings are permitted to be continued before two different Courts it would cause undue prejudice to both the parties and there would be conflicting orders in the very same subject matter. Therefore, it is in the interest of both parties to have joint trial of these two matters. 7. On a perusal of the affidavit filed in support of the application for transfer as well as the averments in the counter affidavit, I am of the view that the petitioner has made out a case for transfer of the proceedings to the Court at Chennai. 8. In the result, the matrimonial proceedings in O.P.No. 4 of 2008 is withdrawn from the file of Subordinate Judge, Chidambaram, and is transferred to the II Additional Judge, Family Court, Chennai, for disposal along with M.C.No.341 of 2008 on merits and as per law. 9. This Tr.C.M.P. is ordered as indicated above. Consequently, M.P.No.1 of 2008 is closed. No costs. paa Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Subordinate Judge, Chidambaram. 2.II Additiona Judge, The Family Court, Chennai. • + 1 cc to Mr. S.A Rajan Advocate (SR.N.30173) Tr.C.M.P. NO. 316 Of 2009 BK (CO) EU 22.7.2009. https://hcservices.ecourts.gov.in/hcservices/