S. SATHISH KUMAR Vs. S. KALAIVANI

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed by the husband to withdraw M.O.P.No.14 of 2018 pending on the file of the Family Court, Karaikal and transfer the same to the file of the Sub Court, Mannarkudi to be tried along with H.M.O.P.No.34 of 2018.

(2.) According to the petitioner, he has filed H.M.O.P.No.34 of 2018 before Sub Court, Mannarkudi for divorce on the ground of cruelty and desertion against the respondent. On receiving notice in the said H.M.O.P, as a counter blast, the respondent filed M.O.P.No.14 of 2018 on the file of the Family Court, Karaikal for restitution of conjugal rights. The petitioner is residing at Mullaivasal, Needamangalam along with his aged mother. The distance between Mannarkudi and Karaikal is 100 kms and it will be difficult for the petitioner to travel to Karaikal along with his aged mother to attend the Court proceedings. Hence the petitioner has filed the present Transfer Civil Miscellaneous Petition to transfer M.O.P.No.14 of 2018 pending on the file of the Family Court, Karaikal to the file of the Sub Court, Mannarkudi to be tried along with H.M.O.P.No.34 of 2018.

(3.) The learned counsel for the petitioner submitted that the respondent is residing at Karapakkam, Chennai. Only to harass the petitioner, she has filed M.O.P.No.14 of 2018, without any cause of action. Her uncle is a driver and is having contact with political persons. If petitioner goes to Karaikal, his life will be in danger. The Hon'ble Apex Court had held that trial must be conducted in a fair manner without prejudice to the parties rather than considering the convenience of the wife alone.