K RAJKUMAR Vs. R G PRIYADARSHINI

JUDGEMENT

(1.) This petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in H.M.O.P. No. 610 of 2008 from the file of Family Court, Madurai and transfer to the file of Family Court, Trichy or any other Court of Competent jurisdiction for disposal.

(2.) The petitioner and the respondent are husband and wife. Their marriage was solemnized on 22-2-2007 as per the Hindu Marriage Rites and Customs. Thereafter, difference of opinion took place between them on account of matrimonial tiff and hence, the respondent has filed a petition in H.M.O.P. No. 610 of 2008 on the file of the Family Court, Madurai for dissolution of marriage. The petition was periodically adjourned for one reason and other. However, on 14-9-2009, when both parties were present, it was decided to fix a date for an amicable settlement and therefore, the petition was posted on 24-9-2009. Even on that date also the respondent/petitioner therein was absent. When the matter was posted on 30-9-2009, the respondent appeared and made an endorsement stating that without prejudice to his contention, he had no objection for passing a decree of divorce.

(3.) The learned Senior Counsel appearing for the petitioner herein would submit that even after the endorsement, the learned trial Judge had completely ignored the endorsement and used to post the case on several occasions without any reason whatsoever.