IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 5.3.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Transfer C.M.P.No.No.491 of 2009 Ramadevi .. Petitioner Versus R.Ramkumar .. Respondent This civil revision petition has been filed to withdraw H.M.O.P.No.345 of 2009, from the file of the Subordinate Court, Tambaram, and to transfer the same to the Principal Subordinate Court, Thanjavur, to be tried along with the petition filed by the petitioner for the relief of Restitution of conjugal rights in H.M.O.P.No.125 of 2009. For petitioner : Mr.V.Gopalakrishnan For respondents : Mr.C.Vijayakumar O R D E R This petition has been filed praying that this Court may be pleased to pass an order to withdraw H.M.O.P.No.345 of 2009, from the file of the Subordinate Court, Tambaram, and to transfer the same to the Principal Subordinate Court, Thanjavur, to be tried along with H.M.O.P.No.125 of 2009. 2. The learned counsel appearing for the petitioner had stated that the petitioner has filed H.M.O.P.No.125 of 2009, before the Principal Subordinate Court, Thanjavur, praying for the relief of restitution of conjugal rights. He has stated that the marriage between the petitioner and the respondent had taken place at Thanjavur and that the petitioner has been living at Thanjavur, from the year, 2008. Therefore, the petitioner had filed H.M.O.P.No.125 of 2009, before the Principal Subordinate Court, Thanjavur. 3. The learned counsel appearing for the petitioner has also stated that the petitioner has no relatives at Tambaram, where the respondent had filed H.M.O.P.No.345 of 2009, on the file of the Subordinate Court, Tambaram, for dissolution of marriage. It has also been stated that the petitioner has no other male relatives in the family, except her father, who is a cancer patient. Since, the claims made by the petitioner had not been disputed by the https://hcservices.ecourts.gov.in/hcservices/ respondent, it is appropriate for this Court to transfer H.M.O.P.No.345 of 2009, from the file of the Subordinate Court, Tambaram, to be heard along with H.M.O.P.No.125 of 2009, pending on the file of the Principal Subordinate Court, Thanjavur. 4. The learned counsel had also relied on the decision of the Supreme Court, in SUMITA SINGH Vs. KUMAR SANJAY ((2001) 10 SCC 41), to substantiate his contention that the convenience of the wife must be taken into account, while considering the request for transfer of a petition filed in matrimonial proceedings. He had also relied on a decision of this Court, in BABY CHITRA Vs. K.RADHAKRISHNAN ((2004) 3 M.L.J.380) wherein, it has been stated that it is not fair on the part of the Court to order a lady to travel a long distance for showing appearance for each and every hearing. 5. Per contra, the learned counsel appearing for the respondent had submitted that the petitioner had filed H.M.O.P.No.125 of 2009, for restitution of conjugal rights, before the Principal Subordinate Court, Thanjavur, only after she had received the notice sent by the respondent, regarding H.M.O.P.No.345 of 2009, which he had filed before the Subordinate Court, Tambaram, for dissolution of marriage. The marriage between the petitioner and the respondent had taken place, on 10.2.2006. However, the marriage had not been consummated, due to the fact that the petitioner has been mentally ill. She has also been abusing the respondent, physically. 6. The learned counsel had also submitted that it is not correct on the part of the petitioner to state that there is no male member to assist her to appear before the Subordinate Court, Tambaram, during the hearings, in H.M.O.P.No.345 of 2009, as she has a cousin brother living at Tambaram. The notice regarding H.M.O.P.No.345 of 2009, had been sent, on 14.2.2009, and the petitioner had received the same, on 16.2.2009. Thereafter, she has filed H.M.O.P.No.125 of 2009, before the Subordinate Court, Thanjavur, knowing full well that the respondent had filed H.M.O.P.No.345 of 2009, before the Subordinate Court, Tambaram. In all fairness, the petitioner ought to have filed the petition for restitution of conjugal rights at Tambaram. He had also submitted that the respondent has been threatened by the father of the petitioner. The transfer petition filed by the petitioner is devoid of merits and therefore, it is liable to be dismissed. 7. In reply, the learned counsel appearing for the petitioner had submitted that the marriage had taken place at Thanjavur. As the petitioner is living at Thanjavur, it is only appropriate for the petitioner to file H.M.O.P.No.125 of 2009, for restitution of conjugal rights, before the Principal Subordinate Judge, Thanjavur. He had also submitted that the allegation of the respondent that he had been threatened by the father of the petitioner is ill founded as the oral submissions made by the learned counsel appearing for the respondent has not been substantiated by any evidence, nor has it been stated in the pleadings filed on behalf of the respondent. https://hcservices.ecourts.gov.in/hcservices/ 8. In view of the submissions made by the learned counsels appearing for the parties concerned and in view of the decisions cited supra, this Court is of the considered view that it is appropriate to withdraw H.M.O.P.No.345 of 2009, pending on the file of the Subordinate Court, Tambaram, and to transfer the same to the Subordinate Court, Thanjavur, to be heard, along with H.M.O.P.No.125 of 2009. The petitioner has claimed that she has no male relative living at Tambaram, except her father, who is a cancer patient. She has also filed a number of documents before this Court to show that the petitioner's father has been undergoing treatment for cancer. Further, there is nothing shown on behalf of the respondent that he has been threatened by the petitioner's father, except the oral statement made by the learned counsel appearing for the respondent. In such circumstances, the Tr.C.M.P.No.491 of 2009, is allowed. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. lan To 1. The Subordinate Judge, Tambaram, 2. The Principal Subordinate Judge, Thanjavur, 1 cc to Mr.V. Gopala Krishnan, Advocate, SR. 15251 1 cc to Mr.C. Vijayakumar, Advocate, SR. 15154 Transfer C.M.P.No.No.491 of 2009 KSJ (CO) kk 18/5 https://hcservices.ecourts.gov.in/hcservices/