IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 20.10.2008 Coram The Honourable Mr.Justice M.VENUGOPAL Tr.C.M.P.No.330 of 2008 and M.P.No.1 of 2008 K.Irene Hilda Magdelene ... Petitioner Vs. T.Fredish Paul ... Respondent This Transfer Civil Miscellaneous petition under Section 24 C.P.C. has been filed to transfer the O.P.669 of 2008 on the file of the First Additional Family Court, Chennai and to transfer the same to the Family Court, Coimbatore. For Petitioner : Mr.D.Shivakumaran For respondent : Mr.R.Manickavel O R D E R The petitioner/wife has filed this transfer civil miscellaneous petition praying this Court to withdraw O.P.No.669 of 2008 from the file of the First Additional Family Court, Chennai and to transfer the same to the Family Court, Coimbatore. Admittedly, the respondent/husband has filed O.P.No.669 of 2008 on the file of the First Additional Family Court, Chennai against the revision petitioner/wife for dissolution of marriage. 2. The grievance of the petitioner/wife is that she has a female child aged about 2 years and they are residing at Coimbatore and she is taking care of herself and the child with the help of her parents and it will be difficult for her to appear before the First Additional Family Court, Chennai with a child for every hearing and for coming to Madras in connection with the Court case, she requires help from other family member to accompany her to come to Chennai and the comparative hardship and the balance of convenience is more in favour of her than that of the respondent/husband and therefore, prays for allowing the transfer civil miscellaneous petition directing the withdrawal of O.P.No.669 of 2008 from the file of First Additional Family Court, Chennai and to transfer the same to the file of Family Court, Coimbatore. https://hcservices.ecourts.gov.in/hcservices/ 3. The respondent/husband has filed a detailed counter inter alia stating that the petitioner/wife was in the habit of abandoning the matrimonial home every now and then for every petty quarrel and that on 30.5.2007,she, based on frivolous reason, picked up a big quarrel and called her brother Stalin, who resides in T.Nagar, Chennai and left with him to his place abandoning the matrimonial home and during her stay with her brother, she joined as a Maths Teacher in "Our Lady's Matriculation Higher Secondary School, Cheput and on 4.1.2008, she picked up quarrel for every trivial issue and made it a big issue and called her relative one Rajendran who took her from the matrimonial home and she is now under the care and custody of her brother Stalin, who resides in T.Nagar at No.20/5 7, Kamakodi Apartment, Kamakodi Nagar, Rameshwaram Street, T.Nagar, Chennai- 600 017 and is continuing to work as a Maths Teacher in the same school and that she is only visiting her parents ,she is going to Coimbatore and if the said O.P.No.669 of 2008 is to be transferred to Family Court, Coimbatore, he has to take leave for more than a day and that would cost his job and the present petition has been filed only with a motive to harass and torture him and therefore, prays for dismissal of the petition. 4. The averments of the counter is to the effect that the petitioner/wife is employed as Maths Teacher in "Our Lady's Matriculation Higher Secondary School"Cheput is stoutly denied by the learned counsel for the petitioner. The respondent/husband is temporary working as Technician in a private Firm at Chennai on a monthly salary of Rs.6000/-as informed by his counsel,further he is said to be living with his parents independently. 5. The learned counsel appearing for the petitioner produces temporary appointment order dated 13.6.2008 and a perusal of the same indicates that the petitioner/wife has been appointed and designated as a teacher in G.D.Matriculation Higher Secondary School, Coimbatore on a monthly consolidated salary of Rs.6,000/- etc., The convenience of the parties will have to be taken note of by this Court while dealing with the transfer Civil Miscellaneous Petition. Equally, the Court should not lightly exercise its jurisdiction under Section 24 of CPC as per the decision reported in 1979(4)SCC 358). 6. In the instant case, it transpires that both the parties are employed. The respondent/husband is employed at Madras and the petitioner/wife is employed as a teacher in G.D.Matriculation Higher Secondary School, Coimbatore from 13.6.2008. 7.On a careful consideration of the respective submissions made on either side, this Court is of the view that the petitioner/wife has not made out a case for transferring O.P.No.669 of 2008 on the file of First Additional Family Court, Chennai to the Family Court, Coimbatore and this Court is also https://hcservices.ecourts.gov.in/hcservices/ not exercising its wide powers to accede the request of the petitioner. The petitioner/wife is now well placed employed as a teacher in Coimbatore and the balance of convenience and prima facie are not in favour of the wife enabling this Court to allow this petition. 8. In the result, this civil revision petition is dismissed. There will be no order as to costs. Consequently, connected M.P.No.1 of 2008 is also dismissed. It is open to the petitioner/wife to file appropriate application seeking exemption from appearance in respect of herself and her child before the First Additional Family Court, Chennai and seek appropriate remedy in the manner known to law. As and when the said application is filed by the petitioner/wife seeking for dispensing with her appearance before the First Additional Family Court, Chennai is directed to deal with the same on merits and in accordance with law , uninfluenced by the observations made by this Court in this revision. sg Sd/- Assistant Registrar / True Copy / Sub. Assistant Registrar To 1.The First Additional Family Court, Chennai 2.The Family Court, Coimbatore 1 cc to M/s.R.Manickavel, Advocate, SR.58180 1 cc to Mr.D.Shivakumaran, Advocate, SR.58551 ksk (co) dv/29.10. TR.C.M.P.No.330 of 2008 https://hcservices.ecourts.gov.in/hcservices/