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2008 DIGILAW 4495 (MAD)

N. Poongothai v. S. Saravanan

2008-12-03

M.VENUGOPAL

body2008
Judgment : 1. The petitioner/wife has filed this Transfer Civil Miscellaneous Petition praying this Court to pass an order directing the withdrawal of the matrimonial proceedings in HMOP.No.3 of 2008 pending on the file of Sub Court, Mettur and to transfer the same to the Principal Sub Court, Gobichettipalayam and to have a joint trial with HMOP.No.55 of 2008. 2. The marriage between the parties has taken place on 310. 2003 at Arulmighu Kondathu Kaliamman Temple at Pariyur. As a result of the wedlock a male child has been born. It appears that the respondent/husband has filed a matrimonial proceedings in HMOP.No.3 of 2008 on the file of the Sub Court, Mettur praying for the relief of restitution of conjugal rights. The petitioner/wife has filed HMOP.No.55 of 2008 on the file of Principal Sub Court, Gobichettipalayam seeking relief of divorce. The respondent/husband is now reportedly working in Bangalore as Marketing Officer in a private company. 3. The learned counsel for the petitioner/wife submits that the petitioner/wife is residing with her parents in Vilankuttayur, Patloor Village in Bhavani Taluk and that there are no other persons in their family to accompany her to Mettur to attend the hearings of HMOP.No.3 of 2008 instituted by her husband/resepondent and that she has three years baby to look after and travelling every time with the child is causing untold hardship to her and that she is depending on her parents for her survival and that the respondent/husband is earning a good salary and therefore he is capable enough to spend amount towards legal and other expenses and therefore to avoid conflicting decisions in the interest of parties the Transfer Civil Miscellaneous Petition may be allowed. 4. The learned counsel for the respondent submits that if the HMOP.No.3 of 2008 is transferred from file of Sub Court, Mettur, to the file of Principal Sub Court, Gobichettipalayam, then the respondent/husband will be put in hardship since the same is a long distance for him and that the respondent/husband is facing a criminal case in Crime No.214 of 2007 under various sections of IPC and the case is now pending before the Judicial Magistrate Court, Bhavani and therefore, in this context, it is not equitable for this Court to allow the Transfer Civil Miscellaneous Petition, affecting the interest of the respondent/husband. 5. 5. The convenience of the petitioner/wife is paramount and the same has to be taken note of by a Court of Law while dealing with the transfer applications. However, justice will have to be meted out to the parties. Inasmuch as the petitioner/wife has stated that she is to fall back upon her parents for the purpose of her travel expenses from Gobichettipalayam to Mettur in connection with the hearing of HMOP.No.3 of 2008 pending on the file of Sub Court, Mettur and also towards other expenses and since she is having a three years baby and bearing in mind of the fact that HMOP.No.55 of 2008 filed by the petitioner/wife is pending on the file of the Principal Sub Judge, Gobichettipalayam, this Court, in the interest of justice and to avoid plurality or conflicting decisions, directs the withdrawal of HMOP.No.3 of 2008 from the file of Sub Court, Mettur to the file of Principal Sub Court, Gobichettipalayam and the learned Sub Judge, Mettur is directed to transfer HMOP.No.3 of 2008 pending on his file within a period of seven days from the date of receipt of a copy of this order and after taking the said HMOP to the file of Principal Sub Court, Gobichettipalayam, the learned Principal Sub Judge, Gobichettipalayam is directed to dispose of the said two matrimonial proceedings within a period of three months. It is open to the learned Principal Sub Judge, Gobichettipalayam to try these two matrimonial proceedings either jointly or simultaneously as he deems fit and proper in the circumstances of the case. Parties are directed to cooperate with the trial Court in completion of the proceedings. Consequently, connected Miscellaneous Petition is closed. However, there will be no orders as to costs.