LAWS(MAD)-2008-11-163

SHEELA ALIAS MAHALAKSHMI Vs. D KIRUPAKARAN

Decided On November 04, 2008
SHEELA @ MAHALAKSHMI Appellant
V/S
D. KIRUPAKARAN Respondents

JUDGEMENT

(1.) THE petitioner/wife has filed this Tr.C.M.P. under Section 24 of Civil Procedure Code before this Court praying for an order of withdrawal of O.P.No.1242 of 2008 pending on the file of I Additional Family Court, Chennai and to transfer the same to the Subordinate Court, Vellore.

(2.) IN the affidavit filed in support of this transfer CMP petition, the petitioner/wife has averred that she was married to the respondent/husband on 17.06.2005 as per Hindu Caste and Customary Rights at Vellore and at the time of marriage, her parents presented her with hundred sovereigns worth of gold jewellery apart from silver articles and household articles and that the respondent/husband has been given a sum of Rs.2,00,000/- towards marriage expenses and that she lived with the respondent/husband in the matrimonial home at Chennai and when she has been living in Chennai, she has been ill treated by the respondent/husband and his mother etc. and that because of the ill treatment of the respondent/husband and his mother on the basis of their false notion that she has been insane and suffering from depression, she has been perforced to live her parents house forcibly and since the respondent/husband is not willing to live with her, she filed H.M.O.P.No.81 of 2006 on the file of Sub Judge, Vellore for restitution of conjugal rights and an exparte decree dated 24.09.2006 was passed and that the respondent/husband has not filed any application to set aside the said decree dated 24.09.2006 till date and since she is unable to sustain herself, she filed M.C.No.2 of 2007 before the Judicial Magistrate No.1, Vellore seeking maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005 and by an order dated 22.10.2007 the learned Judicial Magistrate No.1, Vellore is directed that she be paid the monthly maintenance of Rs.3,000/- and that the respondent/husband should set up a residence in a rented accommodation at Chennai for her and pay the monthly rent and that the police authorities living near the rented accommodation should also be in a position to provide security in case of necessity and that the monthly maintenance should be paid before the 10th of every month etc. and further that the respondent/husband has not set up a separate residence for her at Chennai and paid only a sum of Rs.3,000/- per month for the period from November 2007 to February 2008 and thereafter, he did not pay any amount.

(3.) THE learned counsel for the petitioner submits that the respondent/husband has wilfully stayed away from proceedings of H.M.O.P.No.81 of 2006 on the file of Sub Judge, Vellore, filed by the petitioner/wife for restitution of conjugal rights and that in the said proceedings an exparte order of allowing the petition on 24.09.2006 has been passed by the learned Sub Judge, Vellore and the respondent/husband has not filed any application to set aside the said order passed in the aforesaid HMOP proceedings and further that the respondent/husband has not set up a separate residence for the petitioner/wife at Chennai and that the respondent/husband has paid only a sum of Rs.3,000/- per month for the period from November 2007 to February 2008 in regard to the wife's claim of maintenance and thereafter, he has not paid any amount and therefore, the respondent/husband has not followed the direction dated 22.10.2007 issued by the learned Judicial Magistrate No.1, Vellore in M.C.No.2 of 2007 filed by the petitioner/wife (claiming maintenance) as per the provisions of the Protection of Women from Domestic Violence Act, 2005 and the respondent/husband without providing a separate residence or paying maintenance to the petitioner/wife has adopted a novel method of dragging the petitioner/wife from Vellore for the purpose of litigation viz., O.P.No.1242 of 2008 filed before the Family Court at Chennai by the respondent/husband praying for a decree of divorce and further that the husband is working as a lecturer in a College in Chennai and the proceedings initiated before the Family Court is nothing but a ruse to make the petitioner/wife to undergo further ordeal and that the petitioner/wife has no one help her to come to Chennai and that she is in an indigent circumstances and therefore, prays for an order being issued by this Court to withdraw the O.P.No.1242 of 2008 filed by the respondent/husband on the file of I Additional Family Court, Chennai and transfer it to Sub Court, Vellore.