S.JAYALAKSHMI Vs. S.M.SENTHILKUMAR

JUDGEMENT

(1.) Transfer civil miscellaneous petition Nos.814 and 815 of 2015 have been filed by Jayalakshmi, the petitioner therein against her husband S.M.Senthilkumar under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of GWOP/601337/2014 and H.M.O.P.No.515/2015 respectively, both filed by her husband Senthilkumar on the file of the Family Court, Coimbatore. Tr.C.M.P.No.54/2016 has been filed under Section 24 of the Code of Civil Procedure, 1908 by S.M.Senthilkumar for the transfer of O.P.No.3485/2015 filed by his wife Jayalakshmi on the file of the Family Court No.2, Chennai for divorce to the file of the Family Court at Coimbatore. Both the parties are represented by counsel. Senthilkumar has filed a counter affidavit in the transfer civil miscellaneous petitions filed by Jayalakshmi. A joint hearing of all the transfer civil miscellaneous petitions was held and the arguments advanced on both sides were heard. The materials produced in the form of typed sets of papers by both the parties were also perused.

(2.) S.Jayalakshmi is the wife of S.M.Senthilkumar and their marriage was solemnised at Coimbatore on 12.02.2004. They were blessed with a female child by name Sangamithira and she is now aged about 12 years. Owing to difference of opinion and incompatibility with each other, Jayalakshmi filed a petition in H.M.O.P.No.1112/2008 on the file of the Family Court, Coimbatore under Section 10 of the Hindu Marriage Act, 1955 for judicial separation. Her husband Senthilkumar besides resisting the said original petition, filed an application in I.A.No.561/2010 in H.M.O.P.No.1112/2008 seeking interim custody of the child. However, the Family Court, Coimbatore granted only a visitation right to be with the child at the residence of Jayalakshmi between 10.00 a.m and 2.00 p.m on every Sunday. As he apprehended problem if he could go to the residence of Jayalakshmi to exercise the visitation right, he preferred a civil revision petition before this court in C.R.P.(PD) No.233/2011 and this court modified the order of the Family Court, Coimbatore and directed Jayalakshmi to take the child on every Sunday to V.O.C. Park, Coimbatore and leave her in the company of her father Senthilkumar between 4.00 p.m and 7.00 p.m.

(3.) Subsequently, Senthilkumar filed Contempt Petition No.1845/2012 before this court complaining that the order of the High Court in C.R.P.(PD) No.233/2011 was not complied with and Jayalakshmi committed contempt of court. In the said contempt petition, Jayalakshmi took a plea that her husband had not paid maintenance either to her or to her child. The contempt petition is still pending. However by an order of this court dated 02.09.2013 personal appearance of Jayalakshmi has been dispensed with. Meanwhile Jayalakshmi filed a Maintenance case in M.C.No.155/2012 and the Family Court, Coimbatore passed an order on 22.04.2014 directing Senthilkumar to pay a sum of Rs.2,000/- per month to Jayalakshmi and a sum of Rs.2,000/- per month to their minor daughter Sangamithira towards maintenance. Thereafter Jayalakshmi filed a domestic violence case in D.V.A. No.64/2014 on the file of the learned Judicial Magistrate No.7, Coimbatore and got an ex-parte interim order of protection restraining her husband Senthilkumar from entering the house wherein Jayalakshmi was residing and from entering the school in which she was working.