S. SARANYA Vs. V. GANESH

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.661 of 2017 pending on the file of the Subordinate Court, Poonamallee and transfer the same to the file of the VI Additional Family Court, Chennai.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 18.01.2015 at K.V.N. Kalyana Mandapam, situated at No.1, Poonamalle High Road, Vellappan Chavadi, Chennai 600 077. After the marriage, both the petitioner and respondent were living together in the matrimonial home at Maduravoyal, Chennai 600 077. In the wedlock, a male child was born on 15.05.2016. Due to difference of opinion, petitioner left the matrimonial home.

(3.) According to the petitioner, originally her permanent address was Thiruvottriyur. Now she is residing at Villivakkam in the house of her paternal uncle. She has filed O.P.No.383 of 2018 on the file of the VI Additional Family Court for divorce. The respondent filed H.M.O.P.No.661 of 2017 on the file of the Subordinate Court, Poonamallee for restitution of conjugal rights. The petitioner attended first hearing on 09.01.2018. The petitioner is working in Accenture and it is very difficult for her to get leave to attend the hearing twice in a month. Further if both the O.P.No.383 of 2018 filed by the petitioner and H.M.O.P.No.661 of 2017 filed by the respondent are heard and tested by two different Courts, there is possibility of delivering conflicting judgments by two different Courts. Further, the respondent is residing in Maduravoyal. If the H.M.O.P.No.661 of 2017 is transferred to Family Court, Chennai, he will not be prejudiced and it will not be difficult for him to travel to Chennai from Maduravoyal. In the circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition to withdraw H.M.O.P.No.661 of 2017 from the file of the Subordinate Court, Poonamallee and transfer to the file of the VI Additional Family Court, Chennai to be tried along with O.P.No.383 of 2018.