Research › Search › Judgment

Madras High Court · body

2010 DIGILAW 1643 (MAD)

M. Sasikala v. A. Rajendran

2010-04-07

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.62 of 2009, pending on the file of the Principal Judge, Subordinate Court, Dindivanam, and to transfer the same to the I Additional Family Court, at Chennai, to be tried, along with M.C.No.489 of 2009 and O.P.No.3652 of 2009. 2. It has been stated that the marriage between the petitioner and the respondent was solemnized, on 09.06.2003 as per Hindu rites and Customs, at Dindivanam. After the marriage, the petitioner had lived with the respondent, in her parents residence, for six months. After setting up a separate family, at Avvai Nagar, Padi, Ambattur, the respondent used to pickup quarrel with the petitioner for even trivial matters, after getting drunk. A male child was born to the petitioner and the respondent, out of their wedlock, on 15.06.2004. The respondent did not perform his duties as the father of the minor child and as the husband of the petitioner. He did not provide money for the maintenance of the petitioner and her minor child. Instead, he was treating them cruelly. 3. It has also been stated that the respondent had deserted the petitioner and her son. Whileso, the respondent had filed the petition, in H.M.O.P.No.62 of 2009, on the file of the learned Principal Judge, Subordinate Court, Dindivanam, for divorce. The petitioner had filed M.C.No.489 of 2009 before the I Additional Family Court, Chennai for the maintenance of her minor child. The petitioner had also filed O.P.No.3652 of 2009, for divorce, before the said Court. It has also been stated that the respondent is threatening the petitioner compelling her to withdraw the maintenance case filed by her on behalf of her minor child. Further, the respondent is threatening the petitioner and her family members stating that their lives would be in danger, if the petitioner proceeds with the maintenance case filed by her. 4. In such circumstances, the petitioner has filed the present petition to withdraw and transfer the H.M.O.P.No.62 of 2009, pending on the file of the Principal Subordinate Court, Dindivanam, to the I Additional Family Court, Chennai, to be tried along with M.C.No. 489 of 2009 and O.P.No.3652 of 2009. 5. There is no appearance on behalf of the respondent. No counter affidavit had been filed on behalf of the respondent. 6. 5. There is no appearance on behalf of the respondent. No counter affidavit had been filed on behalf of the respondent. 6. In view of the averments made on behalf of the petitioner, H.M.O.P.No.62 of 2009 pending on the file of the Principal Subordinate Court, Dindivanam, is withdrawn and transferred to the file of the I Additional Family Court, Chennai, to be tried along with M.C.O.P.No. 489 of 2009 and O.P.No.3652 of 2009, as prayed for by the petitioner. 7. This Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.