MALA ALIAS MAHALAKSHMI Vs. R NANDAKUMAR

JUDGEMENT

(1.) THIS Tr.CMP is filed by the petitioner/wife under Section 23(3) of CPC to withdraw HMOP.No:112 of 2005 pending on the file of the Sub Court, Mettur and transfer the same to the Family Court, Faziabad, Uttar Pradesh for enquiry and disposal in accordance with law.

(2.) ACCORDING to the petitioner, the respondent/husband filed the HMOP No:112 of 2005 before the Sub Court, Mettur against her for divorce under Section 13(1)(ia) of the Hindu Marriage Act on the ground that after marriage the petitioner/wife failed to conduct herself as a dutiful wife and give respect to him and elders; that she refused to resign the job as agreed earlier, that the petitioner/wife and her parents did not respect him and directed him to get out of the house when he visited her house after delivery of the child; that the petitioner refused to come to the matrimonial home inspite of several compromise talks by the elders of the family, instead she had used unparliamentary words against the respondent; she very often resided at her parent's house even when she comes during her holidays; she had taken all her belongings, Sridhana properties and she did not have the intention to live along with the respondent.

(3.) PER contra, learned counsel for the respondent contended that the respondent is working only as a Supervisor in the TASMAC at Mettur, which is only a temporary job and he cannot take leave as that of the petitioner and also he is earning only a sum of Rs.3000/= and cannot afford for going to Uttar Pradesh for enquiry. Further the child is living with the parents at Mettur and the petitioner used to come periodically during her annual leave of two months and other leave periods to her parental home at Mettur and there is no inconvenience for the petitioner to come and attend the HMOP proceedings at Mettur. Further the respondent has to look after his ailing mother at Mettur and cannot go to other States to attend the hearing, apart from the fact that he and his witnesses are not acquainted with Hindu language. Further, as the petitioner is posted at various places, like Gujarat, Delhi and now at Uttar Pradesh, even if the case is transferred to U.P., it would become futile if the petitioner is transferred to some other State.