V BASKARAN Vs. KANNIKA DEVI

JUDGEMENT

(1.) THIS petition is to transfer the case in H.M.O.P.No.170 of 2005 on the file of the Family Court, Madurai to the file of the III Additional Subordinate Court, Madurai, to be tried along with the petition for divorce filed by the petitioner herein in H.M.O.P.No.74 of 2004.

(2.) THE petitioner is the husband and the respondent is the wife. THE petitioner has filed H.M.O.P.No.74 of 2004 on the file of the III Additional Subordinate Court, Madurai, on the ground of cruelty and desertion under Sections 13(1)(1a) and 13 (1)(1b) of the Hindu Marriage Act, 1955. THE respondent has filed H.M.O.P.No.170 of 2005 on the file of the Family Court, Madurai, for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

(3.) HE also cited the decision of this Court in Usha @ Ramalakshmi v. P.Shanmugam reported in (2006) 4 M.L.J 45) wherein this Court has considered the power of the High Court to transfer a case from the Family Court to any other competent civil Court. In both the above said decisions, the cases were transferred from the Family Court to the place where the Family Court was not established. But, in this case, the petitioner seeks transfer of the case from the Family Court to the III Additional Subordinate Court, within Madurai. It is argued that as per Section 19 of the Act, the husband has got the liberty to choose the place of Court.