T USHA RANI Vs. G VENKATESAN

JUDGEMENT

(1.) APPLICATION filed under Order 47 Rule 1 and 114 of Civil Procedure Code, against the order dated 17.12.2008 made in Tr.C.M.P.No,342 of 2008 passed by this Court. The review applicant/petitioner has preferred this review application praying to set aside the order of this Court dated 17.12.2008 passed in Tr.C.M.P.No,342 of 2008.

(2.) EARLIER, the review applicant has filed Tr.C.M.P.No,342 of 2008 before this Court in H.M.O.P.No,31 of 2007 on the file of learned Sub Judge, Mannargudi praying for issuance of an order by this Court to withdraw the H.M.O.P.No,31 of 2007 from the file of Sub Judge, Mannargudi and to transfer the same to the Family Court at Chengalpattu or to any other Court having jurisdiction.

(3.) IN response the learned counsel for the respondent/ husband submits that this Court has looked into the ECG report dated 10.9.2008 produced on the side of respondent/ husband during the time of hearing in Tr.C.M.P.No,342 of 2008 and has come to the conclusion that the respondent/ husband has some heart disease for which he is taking treatment etc. and added further, in the said report the ECG measurements of the respondent/husband has been given in comparison to the normal value one who has the same and since the respondent/husband has been suffering from congenital heart disease as seen from the ECG report dated 10.9.2008 healthwise he is not quite capable enough to travel more than 300 kilometres from his residential place at Thiruthuraipoondi and because of the fact that the balance of convenience has been in his favour ultimately this Court has dismissed the Tr.C.M.P.No,342 of 2008 and therefore, the said order is a valid and sound one and in any event, the review application is not maintainable and the remedy open to the review applicant/petitioner is to take further proceedings in law as against the dismissal order dated 17.12.2008 passed by this Court in Tr.C.M.P.No,342 of 2008 and accordingly, prays for dismissal of the present review application filed by the applicant.