ESWARI Vs. KUMAR

JUDGEMENT

(1.) This petition has been filed praying that this Court may be pleased to withdraw H.M.O.P. No. 100 of 2007, on the file of the Family Court, Madurai and to transfer the same to the file of the Subordinate Court, Devakkottai, to be tried along with H.M.O.P. No. 38 of 2008, pending on its file.

(2.) The petitioner has stated that the marriage was solemnized with respondent, on 20.04.1992, as per the customs applicable to them, at P.Azhapuri, Keelaseevalpatti near Karaikudi. Subsequent to the marriage, the petitioner and the respondent were living together at Simmakkal, Madurai. Three female children and one male child were born to the petitioner out of the wedlock with the respondent.

(3.) It has been further stated that there was marital discord between the petitioner and the respondent and therefore, she had filed a petition for divorce, in H.M.O.P. No. 38 of 2008, on the file of the Subordinate Court, Devakkottai, which is close to Karaikudi, where the petitioner is residing. However, the respondent had filed H.M.O.P. No. 100 of 2007, on the file of the Family Court, Madurai, for restitution of conjugal rights. The real intention of the respondent is to harass the petitioner by making her travel to Madurai, leaving her four children behind, to attend the hearings, in H.M.O.P. No. 100 of 2007, on the file of the Family Court, Madurai. Unless the petition, in H.M.O.P. No. 100 of 2007, pending on the file of the Family Court, Madurai, is transferred to the Subordinate Court, Devakkottai, to be tried along with H.M.O.P. No. 38 of 2008, it would cause great inconvenience and serious hardship to the petitioner. The petitioner has also stated that the mother of the petitioner had passed away and the only male assistance is the father, who is more than 75 years old and all her four children are studying at Karaikudi. Therefore, it would be extremely difficult to leave the children with her aged father and travel to Madurai to attend the hearings, in H.M.O.P. No. 100 of 2007. Hence, she has preferred the present petition before this Court praying that H.M.O.P. No. 100 of 2007, pending on the file of the Family Court, Madurai, be transferred to the Subordinate Court, Devakkottai, to be tried along with H.M.O.P. No. 38 of 2008.