VIJAYA LAKSHMI ALIAS SINDHUJA Vs. R SURESH KUMAR

JUDGEMENT

(1.) THIS Transfer Civil Miscellaneous Petition has been filed to withdraw the O.P.No:277 of 2006 from the file of the II Additional Family Court, Chennai and transfer the same to the Subordinate Court, Dindigal.

(2.) ACCORDING to the petitioner wife, because of the ill-treatment meted out to her by the respondent/husband and it is very unsafe to live along with him, she left the matrimonial home and began to live with her parents at Dindugal along with her twin children. The respondent/husband originally filed O.P.No.208 of 2005 for restitution of conjugal rights. At the same time, the respondent threatened her with dire consequences if she appears in the court and contest the case. Hence the said O.P.was ordered exparte. The petitioner thereafter filed O.P.No.41 of 2005 on the file of the Sub court Dindugal under Section 10 of the Hindu Marriage Act for granting judicial separation. But since she wanted to live with the respondent, she withdrawn the said O.P. But as a counterblast to her O.P., the respondent filed O.P.No.277 of 2006 before the II Additional Family Judge, Chennai for divorce. The first hearing of the case was posted on 10.3.2006. Since already there was a threat from the respondent and also her children were having their annual examination on that day she could not appear and she sent her brother to explain the position. But the family court set her exparte. Thereafter she filed I.A.No.815 of 2006 to set aside the ex parte order and the same was ordered on 27.3.2006 and again the O.P., was posted to 17.5.2006.

(3.) THE respondent/husband filed a counter affidavit denying the allegation of cruelty and further contended that it is only the petitioner/wife extracting money from him for various reasons and she was diverting the same to her parents' family and when questioned about the same, she left the matrimonial home. While strongly objecting the transfer of the case to Dindigul Court, the respondent states that since he is employed in the Secretariat, Chennai he has to take leave on every hearing if the case is transferred to Dindigul and he is ready to bear the travelling expenses for the petitioner to attend the proceedings before the Family Court at Chennai.