HEMA ALIAS HEMALATHA Vs. SATHIAVENDAN

JUDGEMENT

(1.) THE petitions are to withdraw H. M. O. P. No. 35 of 2003 and H. M. O. P. No. 79 of 2002 on the file of the Principal Sub-Judge, Tindivanam and the Sub-Court, Tindivanam, respectively, and transfer the same to the file of the Family Court at Pondicherry.

(2.) THE petitions are to transfer the H. M. O. Ps. filed by the husband. The proceedings are pending before the Tindivanam Courts. While so, on the date of hearing on 7. 11. 2003 when the petitioners went to the Court, the husband of Hema @ Hemalatha, and some other persons assaulted them, and hence, they were kept for sometime in the Chamber of the Subordinate Judge and FIR has also been registered on 10. 11. 2003. Under those circumstances, the present petitions to transfer the matters from Tindivanam Courts to Pondicherry.

(3.) THOUGH notice was served and it was received by the respondents; they did not appear. In those circumstances, the averment stated in the affidavit has to be accepted and in view of the fact that there was assault on the petitioners when they went to the Court at Tindivanam, and in the interest of safety of the petitioners, the cases pending in the Tindivanam Courts have to be transferred to some other Courts out of Tindivanam. Hence, the cases pending before the Courts at Tindivanam are transferred to the file of the Family Court, Pondicherry. Consequently, CMP Nos. 16056 and 16057 of 2004 are closed.