LAWS(MAD)-2016-11-49

JAMUNA Vs. RAJKUMAR

Decided On November 28, 2016
JAMUNA Appellant
V/S
RAJKUMAR Respondents

JUDGEMENT

(1.) The present petition is filed seeking to withdraw H.M.O.P.No.187 of 2016, on the file of the Sub-Judge, Karur and transfer the same to the file of the Family Court, Trichy to be tried along with M.C.No.118 of 2015.

(2.) The marriage between the petitioner and respondent was solemnized on 13.09.2007 as per Hindu Rites and Customs. Due to the strained relationship between the parties, the petitioner was forced to leave the matrimonial home and now, she is living with her parents.

(3.) The contention of the petitioner is that out of wedlock, two male children were born and now they are school going and therefore, the petitioner has to look after the children and unable to travel to Karur to defend the case of restitution of conjugal rights filed by the respondent in H.M.O.P.No.187 of 2016 pending before the Subordinate Court, Karur. Further, the petitioner filed M.C.No.118 of 2015 seeking maintenance which is pending before the Family Court, Trichy. This apart, the respondent filed another petition in G.W.O.P.No.21 of 2015, which is also pending before the Principal District Judge, Karur which was also transferred to the Family Court, Trichy. Such being the factual position, the present case is laso to be allowed.