M.ARUMUGAM Vs. MAGESHWARI

JUDGEMENT

(1.) This petition has been filed to withdraw F.C.M.C.No.27 of 2019 from the file of the Family Court, Chengalpattu and transfer the same to the file of the learned IV Additional Family Court, Chennai to be heard and tried along with the H.M.O.P.No.3276 of 2018 pending in the said Court.

(2.) The learned counsel for the petitioner would submit that the petitioner got married to the first respondent on 27.10.2010. Due to their wedlock the male child was born on 31.01.2012. Thereafter there was strange relationship between them and as such the respondent got separated from the matrimonial home. Thereafter the first respondent filed the petition for divorce on the ground of cruelty before the IV Additional Family Court, Chennai. While pending the said divorce petition, the petitioner filed the petition for seeking restitution of Conjugal Rights in H.M.O.P.No.2681 of 2018 to stay with the second respondent herein. Thereafter the first respondent also filed the Maintenance Case in M.C.No.125 of 2014 on the file of the IV Additional Family Court, Chennai. Thereafter both the petitions have been withdrawn by the first respondent and thereafter there was a dispute arose between them and the petitioner is constrained to file the petition to divorce in H.M.O.P.No.3276 of 2018 and it is pending on the file of IV Additional Family Court, Chennai. The first respondent filed the petition for Maintenance in F.C.M.C.No.27 of 2019 before the Family Court, Chengalpattu seeking Maintenance of Rs.30,000/- per month from the petitioner. Thereafter, now the divorce petition is pending on the file of the IV Additional Family Court, Chennai and as such the petitioner sought for transfer of the Maintenance case, and it has to be heard along with the divorce petition on the file of the IV Additional Family Court, Chennai.

(3.) Per contra the learned counsel for the respondents would submit that the petitioner as well as the respondents are residing at Urapakkam and as such for both it is very convenient to attend the Family Court at Chengalpattu. She is also having male child aged about 7 years and as such it may not be possible for the respondents to attend the IV Additional Family Court at Chennai on each and every hearing. Though the divorce petition filed by the petitioner is pending on the file of the IV Additional Family Court, Chennai it is not the ground for seeking transfer of the Maintenance Case on the file of the Family Court, Chengalpattu to the IV Additional Family Court, Chennai. It is further submitted if the divorce petition also transfer to the Family Court, Chengalpattu and she is ready to attend the trial.