R.MAGUDESH Vs. M.SATHYA

JUDGEMENT

(1.) The marriage between the petitioner and respondent has been solemnized on 27.05.2001 as per the Hindu rites and customs at Thiruchengode. Due to strained relationship between the parties, the respondent left the matrimonial home and now she is living along with her parents at Nagercoil. The petitioner/husband seeks transfer of H.M.O.P.No.19 of 2016 pending before the Sub Court, Thiruchengode to Family Court, Trichy to be tried along with H.M.O.P.No.434 of 2015, which was filed by the petitioner seeking divorce.

(2.) The contention of the respondent is that out of the wedlock, a female child was born to her on 09.12.2003 and due to misunderstanding between the petitioner and respondent, the petitioner has committed an act of cruelty and the respondent was forced to leave the matrimonial home. Subsequently, the respondent filed a petition for restitution of conjugal rights before the Subordinate Court, Thiruchengode and the petitioner filed a petition for divorce, which is pending before the Family Court, Trichy.

(3.) The learned counsel for the petitioner contended that Section 21-A of the Hindu Marriage Act enumerates that the subsequent petition filed by the respondent is to be transferred to be tried along with the petition filed by the petitioner, which is earlier.