S. VINITH Vs. L. V. HARINI DANAS

JUDGEMENT

(1.) The petition for transfer is filed to withdraw the H.M.O.P.No.4996 of 2022 on the file of VI Additional Family Court, Chennai and transfer the same to Sub-Court, Thiruvottiyur.

(2.) The marriage between the petitioner and the respondent was solemnised on 3/3/2021 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.4996 of 2022 for Restitution of Conjugal Rights, which is now pending on the file of VI Additional Family Court, Chennai. The petitioner filed I.A.No.1811 of 2022 in unnumbered H.M.O.P.SR.No.--of 2022 for Dissolution of Marriage. The Interlocutory Application was filed seeking permission of the Court to file H.M.O.P for Dissolution of Marriage through power holder. The petition for divorce is filed by the petitioner before the Family Court at Madurai.

(3.) The respondent / wife, who is residing at Bharathidasan Street Periyar Nagar, Vyasarpadi, Chennai as per the description provided in the cause title filed in the present Transfer Petition. The learned counsel for the respondent states that the respondent is residing at Madhavaram, Chennai as that it may be. In any case, the respondent / wife is residing nearby Chennai and therefore, the case filed by the respondent cannot be transferred from the Family Court, Chennai to Thiruvottiyur and it would cause prejudice to the interest of the respondent / wife. That apart, the petitioner had already filed a petition for divorce before the Family Court at Madurai, which is also to be tried together, since the petition for Restitution of Conjugal Rights is pending before the Family Court Chennai.