USHA ALIAS RAMALAKSHMI Vs. P SHANMUGAM

JUDGEMENT

(1.) THE petitioner, who is the wife of the respondent and her minor daughter have filed Tr.C.M.P.No.138 of 2006 praying for withdrawal and transfer of the proceedings in M.C.No.3 of 2005 pending on the file of Family Court, Coimbatore to the file of Judicial Magistrate Court, Tuticorin as per the amendment ordered by this Court in C.M.P.No.8322 of 2006 on 07.07.2006. In Tr.C.M.P.No.139 of 2006, the petitioner prays for withdrawal and transfer of H.M.O.P.No.588 of 2004 from the file of Family Court, Coimbatore to the file of Sub Court, Tuticorin.

(2.) THE facts of the case leading to the Transfer Petitions are as follows :

(3.) IN support of his contentions, learned counsel for the petitioner has placed reliance on the following decisions of the Honourable Supreme Court, reported in (i) 2005 (12) SCC 387 (Neelima Rani @ Neelima Rani Palakonda vs. Srikanth), (ii) 2005 (12) SCC 381 (Smitha Sen vs. Sujit Kumar), (iii) 2005 (12) SCC 237 (Rajani Kishore Pardeshi vs. Kishor Babulal Pardeshi).