IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 08.03.2010 Coram THE HONOURABLE MR.JUSTICE M.JAICHANDREN TR.CMP.No.499 of 2009 and M.P.No.1 of 2010 Mrs.Karpagavalli ... Petitioner Vs. Mr.E.Shankar @ Giri Shankar ... Respondent Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure code) to transfer the petition in HMOP No.493 of 2009 on the file of the Sub Court, Tambaram, to the file of the II Addl.Family Court, Chennai and try the same along with the petition in O.P.No.2640 of 2009 pending before the said Court. For Petitioner : Mr.B.Singaravelu For Respondent : No appearance O R D E R This petition has been filed to transfer the petition, in Hindu Matrimonial Original Petition No.493 of 2009, on the file of the Subordinate Court, Tambaram, to the file of the II Addl.Family Court, Chennai, to be tried along with the original petition, in O.P.No.2640 of 2009. 2.The petitioner has stated that she had married the respondent, on 18.11.1991, at Chennai. She has a son aged about 15 years and a daughter aged about 5 years. Due to certain misunderstanding between her and the respondent, she had been living separately at Mylapore,Chennai. The respondent has been mentally and physically abusing the petitioner and therefore, she had filed a petition, in O.P.No.2640 of 2009, on the file of II Addl.Family Court, Chennai, for divorce. While so, the respondent had filed the Hindu Matrimonial Original Petition No.493 of 2009, for restitution of conjugal rights. 3.It has also been stated that the petitioner has been threatening the respondent whenever she was proceeding to Tambaram to appear before the Subordinate Court, Tambaram, to attend the hearings in Hindu Matrimonial Original Petition No.493 of 2009. Hence, she had lodged a police complaint before the police station at Mylapore,Chennai and the case, in Crime No.1010 of 2009 has been registered against the respondent, under Sections 498(A), 323 and 506(ii) of the Indian Penal Code. The respondent had also been https://hcservices.ecourts.gov.in/hcservices/ arrested and remanded, based on the criminal case registered against him. 4.In such circumstances, the petitioner had preferred the present transfer petition to withdraw and transfer the petition in Hindu Matrimonial Original Petition No.493 of 2009, pending on the file of Subordinate Court, Tambaram, to the II Additional Family Court, Chennai, to be tried along with O.P.No.2640 of 2009. 5. There is no representation for the respondent. No counter affidavit had been filed on behalf of the respondent. 6.In view of the averments made on behalf of the petitioner, the Hindu Matrimonial Original Petition No.493 of 2009, pending on the file of Subordindate Court, Tambaram, is withdrawn and transferred to the file of II Additional Family Court, Chennai to be tried along with O.P.No.2640 of 2009. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar arr To 1.The Sub Court Tambaram 2.The II Addl.Family Court, Chennai 2 cc to Mr.B.Singaravelu, Advocate, Sr.No.15515 TR.CMP.No.499 of 2009 KU {CO} TP/26.4.2010. https://hcservices.ecourts.gov.in/hcservices/