G. VENUGOPAL Vs. MANJULA AND ORS.

JUDGEMENT

(1.) This petition has been filed to withdraw the suit in O.S.No.2388 of 2016 pending on the file of the XV Assistant City Civil Court, Chennai to the file of IV Additional Family Court, Chennai to be tried along with O.S.No.137 of 2016.

(2.) The petitioner is the husband and the first respondent is the wife. The marriage between the petitioner and respondent was conducted on 01.09.1996 as per Hindu rites and customs. After marriage, due to difference of opinion both were living separately and the first respondent filed O.P.No.2 of 2016 seeking divorce, before the I Additional Family Court, Chennai [now transferred to the file of IV Additional Family Court, Chennai]. According to the petitioner, for the welfare of their two daughters aged about 20 and 17 years respectively, the petitioner filed H.M.O.P.No.1355 of 2016, before the VII Additional Family Court, Chennai seeking restitution of conjugal rights. While so, the first respondent tried to sell a portion of the joint property purchased by the petitioner/husband and the first respondent. Therefore, the petitioner/husband filed O.S.No.137 of 2014, before the I Additional Family Court, Chennai [now pending before the IV Additional Family Court, Chennai] seeking for permanent injunction restraining the 1st defendant and their men from dealing with the suit property and also for mandatory injunction directing the 1st respondent to release her 1/2 share in the suit property and the same is pending. In the mean while, the first respondent made an attempt to open the bank locker, which stood in their names and to take away the 100 sovereigns of jewels. Hence, the petitioner/husband filed yet another suit in O.S.No.2388 of 2016 before the XV Assistant City Civil Court, Chennai, restraining the first respondent from operating the bank locker.

(3.) It is the further case of the petitioner/husband that the first respondent had illegitimate relationship with one police official and on account of the same, she made number of false allegations against the petitioner/husband and filed frivolous complaints. In view of the outrageous attitude of the first respondent, the petitioner/husband withdrew the H.M.O.P.No.1355 of 2016 filed for restitution of conjugal rights and forced to file O.P.No.1388 of 2017 seeking divorce and the same is now pending before the IV Additional Family Court, Chennai.