M S GAYATHRI Vs. DR S NATARAJAN

JUDGEMENT

(1.) THIS transfer petition has been filed by the petitioner/wife seeking for transfer of H.M.O.P. No. 896 of 2005, filed by the respondent/husband on the file of the Principal Family Court, Chennai, to the Family Court at Pondicherry to be tried jointly with the petition filed by her in M.O.P. No. 120 of 2005 and M.C. No. 26 of 2005, which are pending on the file of the Court of Principal District Family Judge, Pondicherry.

(2.) H.M.O.P. No. 896 of 2005 is filed by the respondent/husband, who is also a medical practitioner residing at Chennai, for grant of decree of divorce under Section 13(l)(ia) of the Hindu Marriage Act and the petition was filed in April 2005. It was thereafter in July 2005, the petitioner/wife filed a petition under Section 9 of the Hindu Marriage Act in July 2005 before the Principal District Family Court, Pondicherry, for restitution of conjugal rights, which was taken on file in M.O.P. No. 120 of 2005 and she has also filed an application under Section 125 of the Code of Civil Procedure being M.C. No.26 of 2005 claiming maintenance for her from the respondent/husband.

(3.) HOWEVER, Thiru P.V.S. Giridhar appearing for the respondent/husband strenuously contended that one should not show sympathy for wife on the ground that woman deserves sympathy and the matter should be proceeded in terms of legal issues, which are already settled.