IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.92 of 2009 and Tr.C.M.P.No.274 of 2009 and M.P.Nos.1 and 1 of 2009 Tr.C.M.P.No.92 of 2009: S.Marimuthu .. Petitioner versus M.Sivapakkiyam .. Respondent. PRAYER: Petition filed under Section 24 of the Civil Procedure Code, 1908, seeking to withdraw H.M.O.P.No.2555 of 2006, from the file of the II Additional Family Court, Chennai and transfer the same to the Sub-Court, Srivilliputhur, and tried along with H.M.O.P.No.75 of 2000, on the file of the Sub Court, Srivilliputhur. For Petitioner : Mr.Thenmozhi Sivaperumal For Respondent: Mr.S.Krishnasamy Tr.C.M.P.No.92 of 2009: M.Sivapakkiyam .. Petitioner Versus S.Marimuthu .. Respondent. PRAYER: Petition filed under Section 24 of the Civil Procedure Code, 1908, seeking to withdraw H.M.O.P.No.75 of 2000, from the file of the Subordinate Judge, Srivilliputhur, and transfer the same to the II Additional Family Court, Chennai, to be tried along with H.M.O.P.No.2555 of 2006. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.S.Krishnasamy -in Tr CMP 274/2009 Respondent in Tr CMP 92/2009 For Respondent: Mr.Thenmozhi Sivaperumal - Tr CMP 274/09 for Petitioner in Tr CMP 92/09 O R D E R Tr.C.M.P.No.92 of 2009, had been filed by S.Marimuthu, the husband of M.Sivapakkiam, the respondent in the said petition, praying that this Court may be pleased to withdraw H.M.O.P.No.2555 of 2006, from the file of the II Additional Family Court, Chennai, and to transfer the same to the Subordinate Court, Srivilliputhur, to be tried along with H.M.O.P.No.75 of 2000. 2. M.Sivapakkiyam, the wife of S.Marimuthu, has filed the Transfer Civil Miscellaneous Petition No.274 of 2009, praying that this Court may be pleased to withdraw H.M.O.P.No.75 of 2000, from the file of the Subordinate Court, Srivilliputhur, and to transfer the same to the file of the II Additional Family Court, at Chennai, to be tried along with H.M.O.P.No.2555 of 2006. 3. The petitioner in the Transfer Civil Miscellaneous Petition No.274 of 2009, had stated that her marriage with the respondent husband had taken place at Srivilliputhur, on 1.11.1971, in accordance with Hindu rites and customs. After the said marriage, the respondent and his mother were harassing the petitioner, for dowry. Later, they had driven out the petitioner from the matrimonial home. It had also been stated that the petitioner had three children out of the wedlock. The respondent started to hate the petitioner and he did not show any love or affection towards his children. 4. While so, the respondent had filed H.M.O.P.No.75 of 2000, on the file of the Subordinate Court, Srivilliputhur, under Section 13(1) (i) (a) and 13(1)(b) of the Hindu Marriage Act, 1955, alleging that the petitioner had treated him with cruelty and that she had deserted him. It has also been stated that the respondent is an influential and rich person. He is doing a real estate business and he is also running a textile business, at Srivilliputhur. The petitioner is living with her sons, at Chennai. She has no independent income. https://hcservices.ecourts.gov.in/hcservices/ 5. It has also been stated that she has filed H.M.O.P.No.2555 of 2006, against the respondent, on the file of the II Additional Family Court, at Chennai, for restitution of conjugal rights. Since, the respondent did not attend the hearings, an exparte decree had been passed against him. Thereafter, the exparte decree had been set aside, on 25.6.2009, as the petitioner had consented for the matter being heard on merits. 6. It has also been stated that the petitioner does no have sufficient funds to go to Srivilliputhur, to attend the hearings, in H.M.O.P.No.75 of 2000, filed by the respondent. Further, she has to travel alone to Srivilliputhur, as she does not have anyone to accompany her to attend the hearings, in H.M.O.P.No.75 of 2000, pending on the file of the Subordinate Court, Srivilliputhur. In such circumstances, the petitioner has filed the transfer civil miscellaneous petition to withdraw H.M.O.P.No.75 of 2000, from the file of the Subordinate Court Srivilliputhur and to transfer the same to the II Additional Family Court, Chennai, to be tried along with H.M.O.P.No.2555 of 2006. 7. Transfer Civil Miscellaneous Petition No.92 of 2009, has been filed by S.Marimuthu, the husband of M.Sivapakkiyam, the petitioner in Transfer Civil Miscellaneous Petition No.274 of 2009. The petitioner in Transfer Civil Miscellaneous Petition No.92 of 2009, has prayed that this Court may be pleased to withdraw H.M.O.P.No.2555 of 2006, from the II Additional Family Court, Chennai, and to transfer the same to the Subordinate Court, Srivilliputhur, to be tried along with H.M.O.P.No.75 of 2000. 8. The petitioner has stated that after the marriage between the petitioner and the respondent wife, in the year, 1971, the respondent had started treating the petitioner cruelly. She had failed to discharge her duties, both as a wife of the petitioner and as the mother of her children. She had deserted the petitioner and started living with her mother, at Srivilliputhur, Virudhunagar District. In such circumstances, the petitioner had filed H.M.O.P.No.75 of 2000, on the file of the Subordinate Court, Srivilliputhur, for divorce. 9. The petitioner has stated that the respondent in Transfer Civil Miscellaneous Petition No.92 of 2009, has filed H.M.O.P.No.2555 of 2006, on the file of the II Additional Family Court, Chennai, only with the mala fide intention of harassing the petitioner. Since, the health of the petitioner is not in a good condition it would be difficult for him to travel to Chennai, for https://hcservices.ecourts.gov.in/hcservices/ the hearings, in H.M.O.P.No.2555 of 2006, filed by the respondent wife. The petitioner is suffering from high blood pressure and he also has severe back pain. Therefore, he has preferred the present transfer civil miscellaneous petition to withdraw and to transfer H.M.O.P.No.2555 of 2006, pending on the file of the II Additional Family Court, Chennai, and to transfer the same to the file of the Subordinate Court, Srivilliputhur, to be tried along with H.M.O.P.No.75 of 2000. 10. In view of the averments made on behalf of the parties concerned and in view of the submissions made by the learned counsels appearing on their behalf and on a perusal of the records available, this Court finds it appropriate to withdraw H.M.O.P.No.75 of 2000, after it is restored, from the file of the Subordinate Court, Srivilliputhur, and to transfer the same to the file of the II Additional Family Court, Chennai, to be heard along with H.M.O.P.No.2555 of 2006. 11. The II Additional Family Court, Chennai, shall hear both the original petitions and dispose of the same, on merits and in accordance with law, within a period of six months, after H.M.O.P.No.75 of 2000 is transferred from the file of the Subordinate Court, Srivilliputhur and re-numbered, on the file of the II Additional Family Court, Chennai. Accordingly, Tr.C.M.P.No.274 of 2009 is allowed and Tr.C.M.P.No.92 of 2009, stands dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1.The IInd Addl. Family Court, Chennai. 2.The Sub Court, Srivilliputhur. +1cc to Mr.S.Krishnasamy, Advocate Sr 19760 RJ(CO) km/23.4. Tr.C.M.P.No.92 of 2009 and Tr.C.M.P.No.274 of 2009 https://hcservices.ecourts.gov.in/hcservices/