MADHANKUMAR Vs. NIRMALA

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to transfer M.C.No.117 of 2019 from the file of the Principal Family Court, Coimbator,e to the file of the Judicial Magistrate No.I, Mannargudi.

(2.) The petitioner is the husband of the respondent. Their marriage was solemnized on 03.06.2011 as per Hindu rites and customs. After marriage both the petitioner and the respondent started their matrimonial life at petitioner's matrimonial home in Alangottai Post, Mannargudi Taluk, Thiruvarur District. After some time, due to difference of opinion, the respondent left the matrimonial home and residing with her parents in Coimbatore.

(3.) Further case of the petitioner is that after leaving matrimonial home, the respondent herein filed a petition for divorce in H.M.O.P.No.901 of 2019 on the file of the Principal Family Court, Coimbatore and on the other hand, the petitioner filed petition for restitution of conjugal rights in H.M.O.P.No.126 of 2019 on the file of Sub Court, Mannargudi. Subsequently, in view of the order passed by this Court in Tr.C.M.P.No.702 of 2019, the same was transferred to the Principal Family Court, Coimbatore and as of now, both the cases are pending on the file of the Principal Family Court, Coimbatore. Only in the said circumstances, the respondent filed the petition mentioned M.C.No.117 of 2019 before the Principal Family Court, Coimbatore in which he is claiming maintenance under Section 125 Cr.P.C.