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2014 DIGILAW 3811 (MAD)

S. Jeyabarathi v. T. Thiagarajan

2014-10-14

S.VIMALA

body2014
Judgment 1. Tr.C.M.P.(MD)No.255 of 2014 has been filed by the daughter-in-law of the respondent seeking to withdraw and transfer G.W.O.P.No.7 of 2013 on the file of the Family Court, Madurai to the District Court, Ramanathapuram. 2. Tr.C.M.P.(MD) No.256 of 2014 has been filed by the wife seeking to withdraw H.M.O.P.No.312 of 2013 on the file of the Family Court, Madurai to the Sub Court, Ramanathapuram to be tried along with H.M.O.P.No.8 of 2013. 3. There are three petitions pending between the parties. H.M.O.P.No.8 of 2013 has been filed by the wife seeking the relief of restitution of conjugal rights which is pending at Sub Court, Ramanathapuram. But the father-in-law of the petitioner herein has filed G.W.O.P.No.7 of 2013 seeking appointment of guardianship which is pending before the Family Court, Madurai. The petition for divorce filed by the husband in H.M.O.P.No.312 of 2013 is also pending before the Family Court, Madurai. It is represented that in both the cases in G.W.O.P.No.7 of 2013 and H.M.O.P.No.312 of 2013 the petitioner has already been examined as P.W.1 and there are no more witnesses to be examined. Similarly, in H.M.O.P.No.8 of 2013 also the wife who filed the petition has been examined as P.W.1 and she has to be cross-examined. Since the matter is part-heard and the District Court which alone have the jurisdiction to deal with the Guardian Ward Original Petition, it is appropriate to transfer H.M.O.P.No.8 of 2013 from the file of the Sub Court, Ramanathapuram to the Family Court, Madurai. However, having regard to the representation made that the wife is living with her ailing parents and suffering along with two children, the respondent/husband is directed to pay a sum of Rs.2,000/-as cost for each hearing to meet out her expenses for travelling from Ramanathapuram to Madurai to attend the hearing of the case, till the judgment is pronounced by the Family Court, Madurai. The cost of Rs.2,000/-for each hearing shall be paid by the respondent/husband well in advance, i.e., even on the previous hearing of the case. H.M.O.P.No.8 of 2013 which is pending before the Sub Court, Ramanathapuram is directed to be transferred to the file of the Family Court, Madurai. The Family Court, Madurai, is directed to dispose of all the three cases simultaneously by giving top priority to the disposal of the cases. H.M.O.P.No.8 of 2013 which is pending before the Sub Court, Ramanathapuram is directed to be transferred to the file of the Family Court, Madurai. The Family Court, Madurai, is directed to dispose of all the three cases simultaneously by giving top priority to the disposal of the cases. The Family Court, Madurai is further directed to dispose of all the three cases within a period of two months from the date of receipt of a copy of this order. 4. With the above directions, both these Transfer Civil Miscellaneous Petitions are disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.