GEETHA @ P.GEETHANJALI Vs. D. SIVAKUMAR

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.3724 of 2011 filed by the respondent and H.M.O.P.No.3307 of 2013 filed by the petitioner, from the file of the Principal Family Court, Chennai and to transfer the same to the file of the District Court, Tiruvallur.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 13.09.2007 as per Hindu rites and customs. After marriage, they were residing together in the matrimonial home at Avadi, Chennai. On 26.11.2007, respondent went to Kuwait and joined office on 06.12.2007. On 09.02.2008, the petitioner also went to Kuwait and was living with the respondent. After she became pregnant, she came to India for delivery. After giving birth to a female child on 22.04.2009, the respondent did not take the petitioner and minor child to Kuwait and left India without informing the petitioner. While so, the petitioner has received notice in H.M.O.P.No.3724 of 2011 on the file of the Principal Family Court, Chennai, which was filed by the respondent through his power agent, for divorce. All the efforts taken by the petitioner for reunion with the respondent turned futile. Therefore, she filed H.M.O.P.No.3307 of 2013 before the III Additional Family Court, Chennai, for restitution of conjugal rights and the same is now pending before the Principal Family Court, Chennai.

(3.) When the petitioner and her minor child went to attend the Court proceedings, respondent's younger brother viz., Karthik and his uncle viz., Somasundaram and other rowdy elements threatened the petitioner and her minor daughter to withdraw H.M.O.P. filed by her. Her Advocate rescued her from the rowdy elements, brother and uncle of the respondent. The petitioner gave a complaint before the Flower Bazar Police Station and no action was taken. Again on another date of hearing, the petitioner was threatened by some other persons, for which, the petitioner has given complaint and the same was not taken on file. Therefore, the petitioner filed Crl.O.P. under Section 482 Cr.P.C., 1973 to give protection to the petitioner and her minor daughter. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer both the H.M.O.P.No.3724 of 2011 filed by the respondent and H.M.O.P.No.3307 of 2013 filed by the petitioner, from the file of the Principal Family Court, Chennai to the file of the District Court, Tiruvallur.