DANIEL SATYA PRAKASH Vs. SYLVIA VASTHI DANIEL

JUDGEMENT

(1.) (Civil Revision Petition filed under Section 24 CPC to withdraw and transfer IDOP No:20 of 2006 now pending on the file of the Family Court, Madurai to the Principal Family Court, Chennai to try along with OP.No.2698 of 2006.) This CRP has been filed by the petitioner/husband under Section 24 CPC to withdraw the IDOP No:20 of 2006 now pending on the file of the Family Court, Madurai to transfer the same to the Principal Family Court, Chennai to try along with OP.No.2698 of 2006.

(2.) ACCORDING to the petitioner the marriage between himself and the respondent/wife was solemnized in the presence of elders of their family at St.George Church, Madurai on 10.5.1989. Thereafter they lived together for 17 years and out of the wedlock they have a female child by name D.Priyadarshini Sarah Pauline in the year 1998. During May 2002, he developed a heart ailment and on the advice given by Vijaya Heart Foundation, Chennai during June 2002, he got operated at Cleveland Clink Foundation, Cleveland, Ohio, USA and he underwent open heart surgery in which he was given aortic valve conduit and there was a aortic root replacement, right auxiliary artery annulations with Hemashield (aortic valve replacement with conduit and reimplantation of coronary arteries). The whole expenses were met by by the company, its employees, friends, relatives and also sale of his sister's jewells and sale of land, apart from borrowing from third parties.

(3.) IT is submitted by the learned counsel for the petitioner that the petitioner/husband is a heart patient as narrated by him in his affidavit and he needs some body to help him and he needs homely food with less oil and there is nobody in Karur to take care of him. Hence he has been transferred to Chennai at his own request and living with his mother and brother. Her sister is also in Chennai to look after him. Thus in view of his heatl problem he finds it very difficult to visit Madurai in connection with the IDOP filed by the respondent. Further there is an endanger to his life at the hands of the respondent's parents. Hence the IDOP filed by the wife shall be transferred to Chennai Family Court for joint trial along with the OP filed by the petitioner.