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2010 DIGILAW 1173 (MAD)

Sarala v. Pushparaj

2010-03-22

M.JAICHANDREN

body2010
Judgment :- 1. This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw, I.D.O.P.No.28 of 2009, pending on the file of the Principal District Court, Vellore, and to transfer the same to the file of the I Additional Family Court, Chennai. 2. The petitioner has stated that the marriage between the petitioner and the respondent had taken place, on 27.12.1996. Two male children were born out of the wedlock. Thereafter, the respondent had started illtreating the petitioner. The respondent, on many occasions, used to confine the petitioner in a small dark room for a few days, without allowing the petitioner to move outside. Due to the illtreatment and torture meted out by the respondent, the petitioner had suffered, both mentally and physically. It had also been stated that, on 26.6.2006, the petitioner had been driven out of the matrimonial home, leaving the children behind. She was not allowed to see her children. The petitioner is living with her sick and aged mother. The petitioner has no permanent income and she is dependent on the income of her mother, even to meet her basic expenses. 3. While so, the petitioner had filed M.C.No.558 of 2009, before the I Additional Family Court, Chennai, and the respondent had filed I.D.O.P.No.28 of 2009, on the file of the Principal District Court, Vellore. Since, the petitioner has been finding it extremely difficult to travel to Vellore to attend the hearings before the Principal District Court, Vellore, in I.D.O.P.No.28 of 2009, she has preferred the transfer civil miscellaneous petition to withdraw I.D.O.P.No.28 of 2009, pending on the file of the Principal District Court, Vellore, and to transfer the same to the I Additional Family Court, Chennai, before which M.C.No.558 of 2009, filed by the petitioner, is pending. 4. In the counter affidavit filed on behalf of the respondent, the averments and allegations made by the petitioner have been denied. The respondent has stated that he had married the petitioner, on 27.12.1996, at Vellore. They have two male children, who are living with the respondent. Not being satisfied with the earnings and the status of the respondent the petitioner had demanded that the respondent should come to Chennai to stay with her parents family. Since, the respondent did not accede to the demand made by the petitioner, she had deserted the respondent, on 26.6.2006, without any justifiable cause. Not being satisfied with the earnings and the status of the respondent the petitioner had demanded that the respondent should come to Chennai to stay with her parents family. Since, the respondent did not accede to the demand made by the petitioner, she had deserted the respondent, on 26.6.2006, without any justifiable cause. She has also filed M.C.No.558 of 2009, before the I Additional Family Court, Chennai. While so, the respondent had filed I.D.O.P.No.28 of 2009, on the file of the Principal District Court, Vellore, for divorce. 5. It has also been stated that since, the marriage between the petitioner and the respondent had taken place at Vellore, and as they had lived together, after the marriage, at Vellore, the respondent had filed I.D.O.P.No.28 of 2009, before the appropriate Court, at Vellore. It has also been stated that the I Additional Family Court, Chennai, has no jurisdiction to entertain M.C.No.558 of 2009, as no part of the cause of action had taken place, within the jurisdictional limits of the Family Court at Chennai. Since, the transfer civil miscellaneous petition filed by the petitioner, is devoid of merits, it is liable to be dismissed. 6. In view of the averments made on behalf of the petitioner, as well as the respondent and in view of the contentions raised by the learned counsels appearing on behalf of the parties concerned, this Court is of the considered view that the petitioner has shown sufficient cause to grant the reliefs, as prayed for in the transfer civil miscellaneous petition. Considering the social, as well as the financial conditions of the petitioner, as stated in the affidavit filed in support of the transfer miscellaneous petition, this Court finds it appropriate to withdraw I.D.O.P.No.28 of 2009, pending on the file of the Principal District Court, Vellore, and to transfer the same to the First Additional Family Court, Chennai, to be heard and disposed of on merits, as prayed for by the petitioner, in the present transfer civil miscellaneous petition. Accordingly, the transfer civil miscellaneous petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.