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2010 DIGILAW 4919 (MAD)

B. Mahalakshmi & Another v. S. Nagamanickam

2010-11-03

M.JAICHANDREN

body2010
Judgment :- The transfer petition, in Tr.C.M.P.No.351 of 2009, has been filed to transfer H.M.O.P.No.116 of 2008, from the file of the Principal Subordinate Court, Tiruchirapalli, to the file of the Principal Subordinate Court, Gopichettipalayam, Erode District. 2. The transfer petition, in Tr.C.M.P.No.352 of 2009, has been filed to transfer the suit, in O.S.No.8 of 2008, from the file of the I Additional Subordinate Court, Tiruchirapalli, to the file of the Principal Subordinate Court, Gobichettipalayam. 3. It has been stated that the marriage between the petitioner and the respondent was solemnised, on 21.7.2004, at Musiri, in accordance with the Hindu rites and customs. It has been stated that the petitioner has a male child, aged about five years. However, due to the ill-treatment meted out to the petitioner, by the respondent and his parents, the petitioner had left the matrimonial home, at Balasamuthiram, Thottiyam Taluk, Tiruchirapalli District and had settled at Gobichettipalayam, along with her parents. 4. While so, the respondent had filed H.M.O.P.No.116 of 2008, on the file of Principal Subordinate Court, Tiruchirapalli, for divorce. Since, the respondent had not been maintaining the petitioner and her minor son, she was compelled to file a civil suit, in O.S.No.8 of 2008, on the file of the First Additional Subordindate Court, Tiruchirapalli, claiming maintenance and monthly house rent allowance. 5. It has also been stated that, whenever the petitioner had gone to attend the hearings, in H.M.O.P.No.116 of 2008 and O.S.No.8 of 2008, at Tiruchirapalli, the respondent used to abuse the petitioner, threatening her with dire consequences. It has also been stated that the petitioner is finding it extremely difficult to attend the hearings, at Tiruchirappalli, along with her minor son, as her aged parents are living at Gobichettipalayam. In such circumstances, the petitioner has preferred the above transfer petitions. 6. Counter affidavits had been filed by the respondent in the transfer petitions, refuting the averments and allegations made by the petitioner in her affidavit filed in support of the petitions. It has also been stated that a transfer petition has been filed before the Principal District Court, at Tiruchirapalli, to transfer O.S.No.8 of 2008, pending on the file of the first Additional Subordinate Court, Tiruchirappali, to the Principal District Court, Tiruchirapalli. However, no orders had been passed in the said petition. It has also been stated that a transfer petition has been filed before the Principal District Court, at Tiruchirapalli, to transfer O.S.No.8 of 2008, pending on the file of the first Additional Subordinate Court, Tiruchirappali, to the Principal District Court, Tiruchirapalli. However, no orders had been passed in the said petition. It has also been stated that, the cause of auction for the suit, in O.S.No.8 of 2008 and H.M.O.P.No.116 of 2008, had arisen only within the jurisdictional limits of the Courts, at Tiruchirapalli. 7. In view of the averments made on behalf of the parties concerned and on a perusal of the records available, it is seen that the petitioner is living at Gobichettipalayam, with her parents, along with her minor son. Both the suit, in O.S.No.8 of 2008, as well as the petition, in H.M.O.P.No.116 of 2008, had been filed by the petitioner before the Courts, at Tiruchirapalli, as she had her matrimonial home at Tiruchirapalli, at the time of the filing of the said cases. After the institution of the said cases, the petitioner had been living at Gobichettipalayam, along with her parents. She has also stated that due to the mental and physical abuse by the respondent she had left her matrimonial home. She has also alleged that she is facing threats during her visits to Tiruchirapalli, to attend the hearings in the said cases. In such circumstances, this Court finds it appropriate to transfer O.S.No.8 of 2008, from the file of the I Additional Subordinate Court, Tiruchirapalli and H.M.O.P.No.116 of 2008, from the Principal Subordinate Court, Tiruchirapalli, to the Principal Subordinate Court, Gobichettipalayam, as prayed for by the petitioner. The transfer petitions are ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed.