R DHARANESH @ MURUGAN Vs. N PRABAVATHI @ PARAMESWARI

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.3945 of 2011 pending on the file of the Principal Family Court, Chennai and transfer the same to the file of the Subordinate Court, Vaniyambadi.

(2.) The petitioner is the husband and respondent is the wife. The marriage between the petitioner and respondent was conducted on 30.08.2007 at SMP Mahal Kalyanamandapam, Ambur. A male child was born on 01.06.2008 in the wed-lock. Due to difference of opinion, both the petitioner and respondent are living separately. After exchange of notice, the petitioner filed H.M.O.P.No.31 of 2010 on the file of the Subordinate Court, Vaniyambadi. The respondent filed Tr.C.M.P.No.554 of 2010 before this Court to transfer the said H.M.O.P.No.31 of 2010 from Subordinate Court, Vaniyambadi to Chennai.

(3.) According to the petitioner, he did not oppose the said Transfer Petition on the ground that if petition is posted for conciliation, the respondent may be persuaded to join the petitioner in the matrimonial home. The said Transfer Petition was ordered and H.M.O.P.No.31 of 2010 was transferred to Principal Family Court, Chennai in H.M.O.P.No.3945 of 2011. The respondent filed I.A.No.1648 of 2012 claiming maintenance. The petitioner filed I.A.No.87 of 2014 for visitation rights to see his minor child. Both the applications are pending. According to the petitioner, after conciliation, H.M.O.P.No.3945 of 2011 was posted before Lok Adalat for settlement. After negotiation before Lok Adalat, the respondent agreed to receive Rs.8,00,000/- as settlement. The Presiding Officer of Lok Adalat directed the counsel for the petitioner to file a memo. On the next hearing, the respondent appeared before Lok Adalat and informed that she is not ready for settlement and wants to continue the matrimonial life with the petitioner. Again H.M.O.P.No.3945 of 2011 was posted before the Principal Family Court, Chennai for enquiry.