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2010 DIGILAW 1178 (MAD)

C. Pushparaj Jebaselvan v. E. Mary Christinal

2010-03-22

M.JAICHANDREN

body2010
Judgment :- This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw I.D.O.P.No.14 of 2009, from the file of the Principal District Judge, Srivilliputhur, and to transfer the same to the file of the Principal District Judge, Erode. 2. The petitioner has stated that the marriage between the petitioner and the respondent had taken place, on 3.10.1992, at Sivakasi. Thereafter, the petitioner had been appointed as the Secretary of the Cooperative Housing Society, Gopalapuram, at Coimbatore and he has been residing there since then. It has also been stated that the respondent is employed as a Principal of Fathima B.Ed. College and Vice-Chairman of Sara Nursing College and Sara Teacher Training Institute at Manakadavu Village, Dharapuram Taluk, Tiruppur District. 3. It has also been stated that the respondent had filed I.D.O.P.No.14 of 2009, on the file of the Principal District Judge, Srivilliputhur, for divorce, on the ground of cruelty. It has also been stated that the petitioner has a property bought in the name of the respondent, at Coimbatore. The respondent also has a property situated at Melakaraipatti, Keeranur Police Station limit, Dharapuram Taluk. The father and the mother of the respondent are residing with the petitioner, at Coimbatore. He had also submitted that the respondent had chosen to file I.D.O.P.No.14 of 2009, on the file of the Principal District Court, Srivilliputhur, only to harass the petitioner, who is residing at Coimbatore. Therefore, in the interest of both the petitioner, as well as the respondent, the cases in I.D.O.P.No.14 of 2009, pending on the file of the Principal District Court, Srivilliputhur, is to be transferred to the Principal District Court, Erode. 4. In view of the averments made on behalf of the petitioner, and on a perusal of the records available, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to grant the reliefs, as prayed for by the petitioner in the present transfer civil miscellaneous petition. The petitioner has not disputed the fact that the Principal District Court, Srivilliputhur, has the jurisdiction to hear I.D.O.P.No.14 of 2009. The reasons stated by the petitioner for the transfer of I.D.O.P.No.14 of 2009, from the file of the Principal District Court, Srivilliputhur, to the Principal District Court, Erode, cannot be accepted. Even though the respondent may be employed as the Principal of Fathima B.Ed. The reasons stated by the petitioner for the transfer of I.D.O.P.No.14 of 2009, from the file of the Principal District Court, Srivilliputhur, to the Principal District Court, Erode, cannot be accepted. Even though the respondent may be employed as the Principal of Fathima B.Ed. College and Vice Chairman of Sara Nursing College and Sara Teacher Training Institute at Manakadavu Village, Dharapuram Taluk, Tiruppur District, no proper reason has been shown by the petitioner to transfer I.D.O.P.No.14 of 2009, pending on the file of the Principal District Court, Srivilliputhur, to the Principal District Court, Erode. As such, the transfer civil miscellaneous petition filed by the petitioner is devoid of merits and hence, it stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.