G SAROJA Vs. P JAYAVELU

JUDGEMENT

(1.) THE petitioner is wife of the respondent. THEir marriage was solemnised on 4.3.1993 in Nellorepet, Gudiyatham Taluk, Vellore Distirct. Due to misunderstandings between them, they got separated and both of them filed Petitions on matrimonial issues. THE petitioner filed M.C. No.27 of 2008 on the file of the Judicial Magistrate, Gudiyatham, claiming maintenance from her husband. THE maintenance was ordered at Rs.1,000/- p.m. payable by the respondent. That order was passed on 19.3.2009 by the said Court. In the said case only chief-examination of P.W.1/petitioner was recorded and then the matter was posted for cross-examination of the petitioner. But the respondent has not come forward to cross-examined the petitioner though the Trial Court has given ample opportunities. Finally on 19.3.2009, the Court below proceeded to dispose of the case by observing that the case was pending for more than five months and the respondent was not ready to cross-examination P.W1. from 11th month onwards and that the petitioner has stated that on her side there was no further evidence, hence it treated as no cross-examination and order was pronounced on merits as follows:

(2.) THE respondent filed H.M.O.P. No.200 of 2008 on the file the Subordinate Court, Poonamallee, for dissolution of marriage and the same is pending. This petitioner has filed the present Application for transferring the case to Sub-Court, Gudiyatham.

(3.) IT is not stated before the Court whether the respondent has taken any further proceedings on the orders passed by the Judicial Magistrate, Gudiyatham on 19.3.2009. Both the parties have expressed their respective hardships. The comparitive hardships of the parties have to be weighed and the Court has to lean in favour of one party who is having more hardships. On one hand the petitioner states that she is unemployed who is under the custody of her brothers and mother and she has to take her brother to come to Court and on the other, the respondent would lament that with great difficulties he got employment in Avadi Municipality Office and on account of his absence he was served with several memos for disciplinary actions and the absence happened on account of his attending in maintenance case and if he was ordered to go to Gudiyatham for the matrimonial case there would be peril to his job.