LAWS(MAD)-2008-1-345

A INDUMATHI Vs. K KARTHIK

Decided On January 23, 2008
A.INDUMATHI Appellant
V/S
K.KARTHIK Respondents

JUDGEMENT

(1.) THIS petition is focussed to withdraw the H. M. O. P. No. 39 of 2006 from the file of the Sub Court, Coimbatore and transfer it to Family Court, Madurai to be tried along with H. M. O. P. No. 36 of 2007 filed by her.

(2.) HEARD the learned counsel for the petitioner. Despite printing the name of the respondent he has not appeared. The fact remains that the respondent received the notice as early as on 06. 12. 2007, but he has not chosen to appear. Hence, the matter has been processed further as per law.

(3.) A re'sume' of facts absolutely necessary and germane for the disposal of this Transfer Civil Miscellaneous Petition would run thus: the respondent/husband filed H. M. O. P. 39 of 2006 as against the wife in family Court, Coimbatore for divorce. The grievance of the petitioner/wife is that she is residing within the jurisdiction of the Family Court, Madurai with her minor child to be looked after by her and she find it difficult to travel all along to Coimbatore to attend the family Court proceedings. Further h. M. O. P. 36 of 2007 filed by her for restitution of conjugal rights is pending in the Family Court, Madurai. Hence, she prays for transfer of H. M. O. P. No. 39 of 2006 from the file of the Family Court, Coimbatore to Family Court, Madurai, to be tried along with H. M. O. P. No. 36 of 2007.