IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.3.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.144 OF 2009 Brindha ... Petitioner vs. R.Ratish Kumar ... Respondent Transfer Civil Miscellaneous Petition has been filed to withdraw H.M.O.P.No.645 of 2008, on the file of the Family Court, Coimbatore, and to transfer the same to be tried in any one of the Family Court at Chennai. For petitioner : Mr.M.Venkatachalapathy Senior Advocate for Mr.N.Sriram For Respondent : Mr.D.Krishnakumar O R D E R This Transfer Civil Miscellaneous Petition has been filed praying that this Court may be pleased to withdraw H.M.O.P.No.645 of 2008, pending on the file of the Family Court, Coimbatore, and to transfer the same to be tried in any one of the Family Courts, at Chennai. 2. The petitioner has stated that her marriage with the respondent had taken place, at Coimbatore, on 2.7.2001. She gave birth to a female child, on 21.1.2003. Thereafter, based on the wrong advice of his parents, the respondent had started to ill- treat the petitioner, by finding fault with her on trivial issues. The parents of the respondent had forced the petitioner to live, separately, along with her minor child. The respondent stopped visiting the petitioner and the minor child and there was no one to https://hcservices.ecourts.gov.in/hcservices/ take care of them. While so, the respondent had issued a lawyer notice, dated 9.6.2008, making false allegations against the petitioner. The petitioner had sent a reply, dated 17.7.2008, to the respondent, in an attempt to save the marriage, for the sake of the minor child. Thereafter, the respondent had filed a petition, for divorce, before the Family Court, at Coimbatore. Since, the petitioner is employed in Chennai, she will not be in a position to appear before the Family Court, at Coimbatore, during the hearings, in H.M.O.P.No.645 of 2008. Further, the petitioner had filed certain complaints against the respondent before the Commission for Women, under the domestic violence Act, at Chennai. The petitioner had also submitted that her younger sister is living in Chennai, with her husband and his parents. In such circumstances, the petitioner had filed the present Transfer Civil Miscellaneous Petition before this Court, under Article 227 of the Constitution of India. 3. A counter affidavit has been filed by the respondent stating that, after the marriage between the petitioner and the respondent, the petitioner had started ill-treating the respondent. She had also failed to satisfy the matrimonial obligations. She did not show any respect to the petitioner’s parents. 4. It has also been stated that the petitioner is earning, nearly Rs.30,000/- per month, by using her experience as an interior decorator. She also has a car, with all the necessary facilities. The petitioner is used to staying away for days together, without intimating the respondent about the place of her visit. The petitioner has preferred the present Transfer Miscellaneous Petition, only with the mala fide intention of harassing the respondent. Therefore, the said petition is liable to be dismissed. 5. The learned counsel appearing on behalf of the respondent has no serious objections for transferring H.M.O.P.No.645 of 2008, as prayed for by the petitioner. However, he had prayed that, after the transfer of the H.M.O.P.No.645 of 2008, the Principal Family Court, at Chennai, may be directed to hear and dispose of the same, within a specified period, as directed by this Court. 6. In view of the averments made on behalf of the petitioner, as well as the respondent and on a perusal of the records available, this Court is of the considered view that it would be appropriate to withdraw H.M.O.P.No.645 of 2008, from the file of the Family Court, Coimbatore, to transfer the same to be tried, in any one of the Family Courts, at Chennai. After H.M.O.P.No.645 of 2008, pending on the file of the Family Court, Coimbatore, is transferred and renumbered, the Principal Family Court, Chennai, https://hcservices.ecourts.gov.in/hcservices/ shall dispose of the original petition, on merits and in accordance with law, as expeditiously as possible, not later than eight months thereafter. The Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Family Court, Coimbatore. 2.The Principal, Family Court,Chennai. +1cc to Mr.D.Krishnakumar, Advocate Sr 20809 +1cc to Mr.M.Sriram, Advocate Sr 21021 NSV(CO) km/18.5. Tr.C.M.P.No.144 OF 2009 https://hcservices.ecourts.gov.in/hcservices/