S SUBHA ALIAS SEETHALAKSHMI Vs. DR S MUTHIAH

JUDGEMENT

(1.) WIFE has filed the above transfer petition. She is seeking an order to withdraw the proceedings now pending in H.M.O.P.No.113 of 1999 from the file of the II Additional Subordinate Judge, Tirunelveli filed by the respondent-husband and transfer the same to the file of Subordinate Judge, Tuticorin.

(2.) IN the affidavit filed in support of the above transfer petition it is stated that the petitioner and the respondent were married on 29.3.1992 at Tuticorin according to Hindu Rites and Customs. She filed the petition in H.M.O.P.No.45 of 1998 on the file of the Subordinate Judge, Tuticorin seeking a decree of restitution of conjugal rights and the same is pending. The respondent after entering appearance filed a counter even on 3.8.1998. It is further stated that after knowing the petition for restitution of conjugal rights filed by the wife, the respondent chose to file a petition for divorce against her in H.M.O.P.No.113 of 1999 on 19.7.1999 and the same is pending before the II Additional Subordinate Judge, Tirunelveli. Since the cause of action for filing both these petitions are inter-related, they may be heard together. The evidence both oral and documentary are to be recorded for both the cases are the same and the order to be pronounced in reach of the petitions will naturally depend upon the outcome of the result in the other proceedings. It is further stated that her petition for restitution of conjugal rights was filed in the middle of the year 1998 whereas the presentation of the petition for divorce was made after one year from the date of filing of her petition. Further, under Sec.21-A(2)(b), of Hindu Marriage Act, if the petitions are presented to the different District Courts, the petition presented, later shall be transferred to the District Court in which the earlier petition as presented and both the petitions shall be heard and disposed of together by the District Court in which the earlier petition was presented. With these averments, she prayed for transfer of H.M.O.P.No.113 of 1999 filed by the husband from the II Additional Sub Court, Tirunelveli to the Sub Court, Tuticorin.