SIVAGAMI SUNDARI Vs. MURUGANANTHAN

JUDGEMENT

(1.) This transfer civil miscellaneous petition has been filed, praying that this Court may be pleased to withdraw H.M.O.P.No.37 of 2008, from the file of the Subordinate Court, Ramanathapuram, and to transfer the same to the Family Court, Coimbatore.

(2.) It has been stated that the marriage between the petitioner and the respondent had taken place, on 19.6.1997, as per Hindu rites and customs, at Coimbatore. Thereafter, the respondent had left the petitioner to join duty at Goa, as he is in the military service. A male child was born to the petitioner, out of the wedlock, on 12.3.1998. Thereafter, the respondent had started ill-treating the petitioner, as he had no affection for the petitioner and her minor child.

(3.) While so, the respondent had filed an original petition, in H.M.O.P.No.53 of 2000, before the Subordinate Court, Mettur, for divorce. Since, the respondent did not appear in the said proceedings H.M.O.P.No.53 of 2000, had been dismissed, for default, on 21.11.2001. However, the respondent had filed a petition, in H.M.O.P.No.37 of 2008, before the Subordinate Court, Ramanathapuram, for divorce, only with the mala fide intention of harassing the petitioner.