N POONGOTHAI Vs. S SARAVANAN

JUDGEMENT

(1.) THE Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code praying to order withdrawing the petition in HMOP.No. 3 of 2008 on the file of the Sub Court, Mettur and transfer the same to Principal Sub Court, Gobichettypalayam, to have joint trial with petition in HMOP.No.55 of 2008, pending therein. THE petitioner/wife has filed this Transfer Civil Miscellaneous Petition praying this Court to pass an order directing the withdrawal of the matrimonial proceedings in HMOP.No.3 of 2008 pending on the file of Sub Court, Mettur and to transfer the same to the Principal Sub Court, Gobichettipalayam and to have a joint trial with HMOP.No.55 of 2008.

(2.) THE marriage between the parties has taken place on 31.10.2003 at Arulmighu Kondathu Kaliamman Temple at Pariyur. As a result of the wedlock a male child has been born. It appears that the respondent/husband has filed a matrimonial proceedings in HMOP.No.3 of 2008 on the file of the Sub Court, Mettur praying for the relief of restitution of conjugal rights. THE petitioner/wife has filed HMOP.No.55 of 2008 on the file of Principal Sub Court, Gobichettipalayam seeking relief of divorce. THE respondent/husband is now reportedly working in Bangalore as Marketing Officer in a private company.

(3.) THE convenience of the petitioner/wife is paramount and the same has to be taken note of by a Court of Law while dealing with the transfer applications. However, justice will have to be meted out to the parties. Inasmuch as the petitioner/wife has stated that she is to fall back upon her parents for the purpose of her travel expenses from Gobichettipalayam to Mettur in connection with the hearing of HMOP.No.3 of 2008 pending on the file of Sub Court, Mettur and also towards other expenses and since she is having a three years baby and bearing in mind of the fact that HMOP.No.55 of 2008 filed by the petitioner/wife is pending on the file of the Principal Sub Judge, Gobichettipalayam, this Court, in the interest of justice and to avoid plurality or conflicting decisions, directs the withdrawal of HMOP.No.3 of 2008 from the file of Sub Court, Mettur to the file of Principal Sub Court, Gobichettipalayam and the learned Sub Judge, Mettur is directed to transfer HMOP.No.3 of 2008 pending on his file within a period of seven days from the date of receipt of a copy of this order and after taking the said HMOP to the file of Principal Sub Court, Gobichettipalayam, the learned Principal Sub Judge, Gobichettipalayam is directed to dispose of the said two matrimonial proceedings within a period of three months. It is open to the learned Principal Sub Judge, Gobichettipalayam to try these two matrimonial proceedings either jointly or simultaneously as he deems fit and proper in the circumstances of the case. Parties are directed to cooperate with the trial Court in completion of the proceedings. Consequently, connected Miscellaneous Petition is closed. However, there will be no orders as to costs.