K. SHANMUGA VADIVU Vs. K.R. BASKARA RAMANATHAN

JUDGEMENT

(1.) This Petition has been filed to withdraw H.M.O.P.No.137 of 2015 pending on the file of the Sub Court, Pollachi and transfer the same to the file of the Principal Sub Court, Tiruppur to be tried along with H.M.O.P.No.100 of 2018.

(2.) The petitioner is the wife and respondent is the husband. The marriage between petitioner and respondent was conducted on 25.06.2007. After marriage, both the petitioner and respondent were living together in the matrimonial home at Kunjupalayam. In the wedlock, a male child was born on 27.03.2008. According to the petitioner, due to torture meted out by the respondent, the petitioner is residing at Tiruppur along with her parents and minor child. The respondent filed H.M.O.P.No.137 of 2015 before the Sub Court, Pollachi, Coimbatore District for divorce against the petitioner. The petitioner has filed M.C.No.2 of 2016 before the Chief Judicial Magistrate, Tiruppur for maintenance of herself and minor son. The said petition was ordered, directing the respondent to pay a sum of Rs. 15,000/- each to the petitioner and minor son as maintenance. The respondent has filed Crl.R.C.No.25 of 2017 before II Additional District Court, Tiruppur, challenging the said order and the same is pending. The petitioner has filed H.M.O.P.No.100 of 2018 before the Principal Sub Court, Tiruppur against the respondent for restitution of conjugal rights.

(3.) According to the petitioner, her father is 67 years old and suffering from various ailments. He is heart patient. Her mother is also old and sick. The petitioner is finding it very difficult to travel from Tiruppur to Pollachi along with minor son to attend the Court proceedings for each and every hearing. In the circumstances, she has filed the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.137 of 2015 pending on the file of the Sub Court, Pollachi and transfer the same to the file of the Principal Sub Court, Tiruppur to be tried along with H.M.O.P.No.100 of 2018 in order to avoid conflicting decisions being delivered by two different Courts. The petitioner has also made various allegations against the respondent.