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2010 DIGILAW 1671 (MAD)

Lemorina @ Angulakshmi v. S. Sivakumar

2010-04-08

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.48 of 2008, from the file of the II Additional Subordinate Court, Coimbatore and to transfer the same to the file of the Subordinate Court, Dindigul, to be tried along with H.M.O.P.No.192 of 2008. 2. It has been stated that the marriage between the petitioner and the respondent had taken place, on 10.3.2006, in accordance with Hindu rites and customs. Thereafter, both the petitioner and the respondent were living at Tekkampatti, Mettupalayam. Thereafter, certain disputes had arisen between the petitioner and the respondent and the respondent had forced the petitioner to leave her matrimonial home. 3. The respondent had filed H.M.O.P.No.48 of 2008, before the Second Additional Subordinate Court, Coimbatore, for divorce. The petitioner had filed I.A.No.596 of 2008, for interim maintenance, in H.M.O.P.No.48 of 2008. While so, the petitioner had filed H.M.O.P.No.192 of 2008, on the file of the Subordinate Court, Dindigul, under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights. 4. It has been stated that the petitioner is staying with her father, who is a retired government employee, getting a pension of Rs.8000/-per month, at Dindigul. Since, the father of the petitioner is an aged person she does not have any male member to accompany her during her visits to Coimbatore, to attend the hearings, in H.M.O.P.No.48 of 2008. She does not have any independent source of income. In such circumstances, the petitioner has preferred the present transfer civil miscellaneous petition before this Court. 5. The learned counsel appearing on behalf of the respondent had stated that the respondent has no objection for H.M.O.P.No.48 of 2008, pending on the file of the Additional Subordinate Court, Coimbatore, to be transferred to the Subordinate Court, Dindigul, to be tried along with H.M.O.P.No.192 of 2008. 6. In such circumstances, H.M.O.P.No.48 of 2008, pending on the file of the Additional Subordinate Court, Coimbatore, is withdrawn and transferred to the file of the Subordinate Court, Dindigul, to be tried along with H.M.O.P.No.192 of 2008. After H.M.O.P.No.48 of 2008, is transferred and re-numbered on the file of the Subordinate Court, Dindigul, the learned Subordinate Judge, Dindigul, is directed to dispose of the same, along with H.M.O.P.No.192 of 2008, within a period of six months thereafter. The transfer civil miscellaneous petition is ordered accordingly. No costs. After H.M.O.P.No.48 of 2008, is transferred and re-numbered on the file of the Subordinate Court, Dindigul, the learned Subordinate Judge, Dindigul, is directed to dispose of the same, along with H.M.O.P.No.192 of 2008, within a period of six months thereafter. The transfer civil miscellaneous petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.