RAMADEVI Vs. R RAMKUMAR

JUDGEMENT

(1.) 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.) 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.