P RAGUPATHI Vs. A SUBASRI

JUDGEMENT

(1.) The instant Transfer Civil Miscellaneous Petition is preferred by the husband who is the respondent in a Hindu Marriage Original Petition HMOP.No.72 of 2018, filed by his wife, pending on the file of the learned Family Court Judge, Karur to any other competent Court in Dindigul, or any other District.

(2.) The reasons adduced in the affidavit filed along with the Tr.C.M.P(MD)No.284 of 2018 are that his marriage was solemnized with the respondent/wife on 29.04.2007 at Prem Mahal, Karur District as per the Hindu rites and customs. Out of the lawful wedlock, the couples were blessed with a male child on 18.05.2008. At the time of their marriage, his wife was practicing in Karur District Courts as Advocate. Thereafter she got through her exam for the post of Assistant Public Prosecutor in the year 2014 and got appointment in the year 2015, and presently she is serving as Assistant Public Prosecutor Grade-II in a Judicial Magistrate Court, Namakkal District.

(3.) It is added further that as there were differences in their matrimonial life, his wife filed a divorce petition in HMOP.No.237 of 2016 before the learned Principal Subordinate Judge, Karur under section 13(1)(i), (i-a) & (i-b). Pending proceedings the said case was transferred to the file of learned Family Court Judge, Karur and was re-numbered as HMOP No.72 of 2018 as per the proceedings of the learned Principal District Judge, Karur vide A.No.06/18/2018/A1 dated 24.01.2018. Thereafter the witness examination was commenced on 202018, but during the course of cross examination, the petitioner was constrained to face hurdles. Further, much trouble was given to him and his advocate not only by the respondent/wife, but the surrounding atmosphere was not conducive to have a meaningful trial. The father of the respondent/ wife is an advocate practicing in the very same Karur District Courts and the Counsel appearing on behalf of the wife is the Government Pleader. The petitioner is all along being kept under panic and virtually he is not able to conduct his case in a free manner without any fear, therefore he prays this Court to transfer the case in HMOP No.72 of 2018 to any other competent Court of any District.