K. VEZHAVENTHAN Vs. SATHYA

JUDGEMENT

(1.) BOTH Transfer Civil Miscellaneous Petitions are filed, to withdraw and transfer HMOP Nos. 182/2013 and 105/2012 pending on the file of the Subordinate Court, Kumbakonam to any of the jurisdictional court at Chennai.

(2.) IN both the transfer petitions, the petitioner is the husband and the respondent is the wife. While HMOP No. 105 of 2012 is filed by the husband under Section 13(i -b)(1) of the Hindu Marriage Act 1956, for dissolving the marriage between the petitioner and the respondent that took place on 7.12.2007, HMOP.No. 182/2013 is filed by the wife under section 9 of the Hindu Marriage Act for restitution of Conjugal Rights.

(3.) IT is seen from the records that originally HMOP No. 105/2012 was filed by the husband, on the file of the Sub Court, Tambaram and HMOP No. 182/2013 was filed by the wife, on the file of the Sub Court, Mannargudi. It is also seen that at the instance of the petitioner, this Court by order dated 2.1.2013 in Tr.CMP.No. 199 of 2012, transferred both the above said HMOPs to the file of Sub Court, Kumbakonam to be tried together. When such an order was passed in the above cases and both HMOPs are now posted together before the Sub Court, Kumbakonam for joint trial, the present transfer CMPs are filed, by making allegations that the petitioner's life is in danger, because the respondent/wife and her brother along with rowdy elements posed danger to his life.