Judgment 1. C.R.P.(PD).No.2748 of 2012 is filed challenging the order dated 22.5.2012 in I.A.No.2013 of 2011 in O.P.No.1626 of 2009 on the file of the Second Addl. Family Court, Chennai, in directing the petitioner herein to stay along with the children in Vietnam. 2. C.R.P.(PD).No.1786 of 2012 is filed for speedy disposal of O.P.No.39 of 2010 pending on the file of the Second Addl. Family Court, Chennai. 3. The petitioner in both the CRPs. is the wife and the respondent is the husband. The petitioner-wife filed O.P.No.39 of 2010 before the Second Additional Family Court, Chennai, seeking for divorce against the respondent-husband. The respondent-husband filed O.P.No.1626 of 2009 before the same Court, seeking for restitution of conjugal rights. 4. Pending disposal of the abovesaid O.P. filed for restitution of conjugal rights, the respondent-husband filed I.A.No.2013 of 2011 seeking for a direction to the petitioner-wife to stay along with children in Vietnam in order to save the future of the children and family. 5. According to the respondent-husband, the presence of the petitioner-wife with the children will help their education and their future, as they are staying at Vietnam along with him. 6. The Court below allowed the said I.A. and directed the wife to go and stay with the children at Vietnam, by holding that the paramount consideration is the welfare of the children while deciding the matrimonial dispute. 7. These Civil Revision Petitions were filed in 2012 and after periodical adjournments on several occasions, today, it is taken up for final disposal. By a direction issued by this Court earlier, both the parties are present in person today before this Court. When this Court suggested for amicable settlement between the parties, though the respondent-husband is willing, the petitioner-wife submitted that she is not willing for any settlement and she wants only divorce. Considering the fact that the wife, namely the petitioner herein is not willing to live with the respondent-husband and she wants only divorce, no useful purpose will be served in directing her to go and live with the children who are admittedly living with the respondent-husband in Vietnam. It would certainly cause great hardship to the petitioner, since she is admittedly living in India.
It would certainly cause great hardship to the petitioner, since she is admittedly living in India. Unless a conducive or cordial atmosphere is prevailing between the husband and wife, or there is a likelihood of restoration of such a situation between themselves in the near future, forcing one to live with another, may at times, result in far-reaching consequences and complicating the dispute further. In matrimonial disputes, while considering the interim application of this nature, the Court should always keep in mind that the order to be passed, though as an interim measure, should be capable of effective implementation, by taking note of the totality of the circumstances. Though the lower Court directed the petitioner to live with her children, in effect and for all practical purposes, she has to live with her husband only, against whom she filed divorce petition and presses for grant of such relief only. Therefore, I am of the view that the interim order granted by the Court below in I.A.No.2013 of 2011 in O.P.No.1626 of 2009 cannot be sustained. 8. Accordingly, the impugned order dated 22.5.2012 passed by the Court below in I.A.No.2013 of 2011 in O.P.No.1626 of 2009 is set aside. The Court below is directed to take up both the O.Ps., namely O.P.No.39 of 2010 and O.P.No.1626 of 2009 together, conduct joint trial and dispose of the same on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. It is made clear that any of the observations made in these Civil Revision Petitions shall not influence the mind of the Court below while disposing of the matters on merits. 9. Both the Civil Revision Petitions are allowed with the above direction. No costs. The Miscellaneous Petition is closed.