JAYAMURUGAN Vs. KANIMOZHI

JUDGEMENT

(1.) The Transfer Civil Miscellaneous Petition has been filed by the husband seeking transfer of HMOP.No.39 of 2007 from the file of the learned Subordinate Judge Court, Pattukottai, to any other court.

(2.) In the affidavit filed in support of the transfer petition, the petitioner has alleged that the marriage between him and the respondent solemnized on 31.05.2004 at Pattukottai and the respondent is a practicing lawyer in the same locality having practice in courts all over Thanjavur and Pattukottai Districts. It is further alleged that in order to take vengeance, the respondent preferred a false complaint against the petitioner under Sections 498(A), 506(i) IPC before the Inspector of Police, All Women Police Station, Pattukottai, and influenced them to register a case in Crime No.7/2006. The police had filed charge sheet and it was taken on file in C.C.No.866/2007 and after trial, the petitioner was acquitted from all the charges.

(3.) The petitioner has further stated that he filed HMOP.No.19/2006 for restitution of conjugal rights and thereafter the respondent filed a petition for divorce in HMOP.No.39 of 2007. The petitioner seeks transfer of the case on the ground that his earlier advocate on record filed a memo as if he consented for divorce and another memo for withdrawal of his petition filed for restitution of conjugal rights. On the basis of the memo, the petition filed for restitution of conjugal rights was dismissed by the learned Judge and only thereafter, the petitioner came to know about the collusion carried by the respondent along with his counsel on record in order to defeat his right.