NITHYAKALYANI Vs. DASS PRAKASH

JUDGEMENT

(1.) By consent of both counsels, both the Transfer Miscellaneous petitions are taken up for final hearing.

(2.) Tr.CMP(MD) No. 489 of 2019 has been filed to withdraw the HMOP No. 310 of 2019 on the file of the Principal Sub Court, Pudukottai and transfer the same to the file of the Family Court, Madurai to be heard along with HMOP No. 729 of 2019. Tr.CMP(MD) No.289 of 2021 has been filed seeking to transfer O.S.No.69 of 2021 on the file of the District Munsif Court, Thirumayam to the file of the Family Court, Madurai to be tried along with HMOP No.729 of 2019

(3.) The learned counsel for the petitioner would submit that the marriage between the petitioner and the first respondent in Tr CMP(MD) No. 289 of 2021 was solemnized on 11/2/2008 at Chokkanathapuram, Sivagangai District. At the time of marriage the parents of the petitioner had presented 50 sovereigns of gold jewels, diamond necklace, one pair of diamond studs, one pair of diamond bangles, silver utensils and other seervarisai materials. Apart from that they have also presented Rs.3.75 lakhs as dowry to the first respondent as per their customs and rites. Further the parents of the petitioner have also presented a diamond ring to the first respondent at the time of marriage. During marriage the first respondent/ husband was employed in SMR HR Technologies Sdn Bhd, Kulalumpur, Malaysia. After the marriage, matrimonial home was set up at Pon. Pudupatti. Three months after marriage the petitioner and the first respondent travelled to Malaysia and she delivered a baby girl on 2/4/2009 through caesarean and the child was names Kaniskha. The parents of the petitioner had presented 11 sovereigns of gold jewels, a pair of diamond studs and silver ornaments to the child Kaniskha. Thereafter on 15/2/2012, the petitioner delivered a baby boy through caesarean and named him as Muthukumaran. The parents of the petitioner had presented a pair of diamond studs, a pair of gold bangles, silver ornaments to the child. On further demand by the first respondent and on the instigation of the first respondent, the petitioner had paid a sum of Rs.2.00 lakhs to the parents of the first respondent on 18/8/2016 and subsequently during the month of December 2017, the parents of the petitioner had paid a sum of Rs.2,97,000.00 to the father of the first respondent through cheque. Whileso, there was a matrimonial discord, and since the first respondent made false allegations against the petitioner touching her character she got separated from the first respondent and she is presently living with her parents. She had filed divorce petition in HMOP No.729 of 2019 on the file of the Family Court, Madurai against the first respondent seeking dissolution of marriage on the ground of cruelty.