A LAVANYA Vs. K MUTHUSAMY

JUDGEMENT

(1.) THE petitioner is the wife. THE respondent is the husband. THE respondent/husband has filed the H.M.O.P.No.93 of 2007 on the file of Subordinate Judge, Mettur, praying for a relief of divorce on the ground of cruelty under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 and the same is pending. THE petitioner/wife has failed the maintenance case in M.C.No.13 of 2008 against the respondent/husband before the Family Court, Salem and the same is pending.

(2.) THE grievance of the petitioner/wife is that she is unable to travel to Mettur to attend the hearing of the case in H.M.O.P.No.93 of 2007 filed by the husband and she fears that her husband and his men will endanger on her so as to affect her life permanently. It is also the stand of the petitioner that there is no one to accompany her, to travel to Mettur, for the purpose of attending the hearing in H.M.O.P.No.93 of 2007 on the file of the Sub Court, Mettur. THErefore, she has prayed for the transfer of H.M.O.P.No.93 of 2007 from the file of Subordinate Judge, Mettur to the file of Family Court, Mettur to be tried along with M.C.No.13 of 2008.

(3.) HOWEVER, it is open to the respondent/husband to file necessary application before the Family Court, Salem seeking exemption of his appearance before that Court and in the event of such application being filed the Family Court, Salem is to decide the same on merits, uninfluenced by any of the observations made by this Court in this transfer petition. Further this Court directs the Family Court, Salem to dispose of the H.M.O.P.No.93 of 2007 and M.C.No.13 of 2008 and incidental pending interim applications there to if any, within a period of three months from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is also dismissed.