PALANIVEL RAMACHANDRAN Vs. PURNIMA SHANMUGHAM

JUDGEMENT

(1.) The husband in a matrimonial dispute has filed the above Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.407 of 2016, pending on the file of Sub Court, Poonamallee to be tried along with O.P.No. 3271 of 2014, on the file of III Additional Family court at Chennai.

(2.) The case of the Petitioner/husband is that the marriage between the petitioner and the respondent was solemnized in the year 2013 at New Woodlands, Mylapore. Though they initially lived in Singapore, due to misunderstanding between the petitioner and respondent, they got separated from the matrimonial home. The respondent/wife filed O.P.No. 3271 of 2014, on the file of the III Additional Family Judge, Chennai, for divorce. After the service of notice, the petitioner who was the respondent in the said O.P., has filed his counter affidavit on 07.04.2016, almost after 2 years and counselings were held between the parties. In the meanwhile, the trial in the O.P.No.3271 of 2014 has started. Whileso, the petitioner/husband had filed H.M.O.P.No.407 of 2016, on the file of Sub Court at Poonamalle, for restitution of conjugal rights and the said O.P. is now sought to be transferred to the Family court, Chennai.

(3.) The only question that has to be decided in the petition is that whether the subsequent O.P. filed by the petitioner/husband should be transferred to the Family Court, Chennai to be tried along with O.P.No.3271 of 2014.