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2010 DIGILAW 1347 (MAD)

K. Nagarajan v. C. R. Karpagam

2010-03-29

M.JAICHANDREN

body2010
Judgment :- 1. This transfer civil miscellaneous petition has been filed, praying that this Court may be pleased to withdraw H.M.O.P.No.447 of 2008, pending on the file of the Family Court, Coimbatore and to transfer the same to the II Additional Family Court, Chennai. 2. The petitioner has stated that he had married the respondent, on 27.10.2006, at Coimbatore, according to Hindu rites and customs. Thereafter, the petitioner had been subjected to extreme cruelty by the respondent and she had refused to have conjugal relationship with the petitioner. The marriage between the petitioner and the respondent had broken down, irretrievably, due to the cruelty meted out by the respondent towards the petitioner. Therefore, the petitioner had filed O.P.No.172 of 2008, before the II Additional Family Court, Chennai, for dissolution of marriage, under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955. 3. While so, as a counter blast the respondent had filed H.M.O.P.No.447 of 2008, under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, before the Family Court, at Coimbatore, with the ulterior motive of harassing the petitioner. It has also been stated that the petitioners father had passed away in the month of June, 2006. Thereafter, the petitioner has been living under the care of his mother, who has a fractured hip and therefore, she is dependent on the petitioner, for her basic needs. In such circumstances, the petitioner has preferred the present transfer civil miscellaneous petition before this Court. 4. The learned counsel appearing on behalf of the respondent had submitted that it is the petitioner who has been cruel towards the respondent. In spite of his misbehaviour and cruelty the respondent has filed H.M.O.P.No.447 of 2008, on the file of the Family Court, Coimbatore, for restitution of conjugal rights. She has filed M.C.No.96 of 2008, before the Family Court, at Coimbatore, for maintenance. 5. It has also been submitted that the respondent is a poor lady, having no independent income. She is living with her aged mother, at Coimbatore. In such circumstances, it would not be possible for her to attend the hearings before the Family Court, at Chennai, if H.M.O.P.No.447 of 2008, is withdrawn and transferred to the file of the Family Court, Chennai. 6. She is living with her aged mother, at Coimbatore. In such circumstances, it would not be possible for her to attend the hearings before the Family Court, at Chennai, if H.M.O.P.No.447 of 2008, is withdrawn and transferred to the file of the Family Court, Chennai. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, 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 in the present transfer civil miscellaneous petition. During the course of the arguments, it has also been brought to the notice of this Court, by the learned counsels appearing on behalf of the parties concerned, that O.P.No.172 of 2008, pending before the II Additional Family Court, Chennai, is at the stage of trial and that H.M.O.P.No.447 of 2008, on the file of the Family Court, at Coimbatore, is still at the initial stage. As such, the transfer civil miscellaneous petition is devoid of merits. Hence, it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.