SUNDARAM Vs. N. SWARNALATHA

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed by the petitioner / husband seeking transfer of H.M.O.P. No. 425 of 2017 from the file of the Family Court, Trichy to the file of the Family Court, Salem District.

(2.) It is stated in the petition that the marriage between the petitioner and the respondent was solemnized on 20/5/2015. After marriage, both of them lived happily for some time and they blessed with a female child and the child is now aged about 2 years. After delivery, the respondent / wife did not return to the matrimonial home at Bangalore, inspite of several requests made by the petitioner / husband. Hence, he filed M.C. No. 39 of 2018 before the learned Principal Family Judge, Bangalore for restitution of conjugal rights. Subsequently, the parents of the respondent attacked his brother and also set fire his house, for which, a case in Crime No. 30 of 2017 was registered on the file of Hosur Police Station. As a counter-blast, the respondent filed a dowry complaint before All Women Police Station, Srirangam, Trichy District. When he came to Trichy for attending the said case, the father of the respondent alongwith his henchmen waylaid his car and attacked him with sharp edged weapons. She also filed H.M.O.P. No. 425 of 2017 before the Family Court, Trichy, seeking dissolution of marriage with the false allegations. The grievance of the petitioner is that since there is a life threat at the hands of the respondent and her relatives, it is very difficult for him to attend each and every hearing of the case, before the Family Court, Trichy. Therefore, he seeks for a direction to transfer H.M.O.P. No. 425 of 2017 to the file of any Family Court in Salem or Krishnagiri District.

(3.) On the side of the respondent, a counter affidavit has been filed, wherein it is stated that at the time of marriage, her parents deposited a sum of Rs.15.00 lakhs as fixed deposit in favour of the petitioner towards dowry and had given 100 sovereigns of gold, 100 kg of silver jewelry and 20 carats of diamond jewelry alongwith household articles worth about Rs.1.5 lakhs. The petitioner has transferred the fixed deposit amount of Rs.15.00 lakhs to his account and also squandered the amount. He has also leased out the house purchased by her father, by forging his signature and the lease amount was retained by him. The petitioner sent messages through whatsapp and facebook insulting her mother, for which, a case in Crime No. 67 of 2017 was registered on the file of Cyber Crime Branch Police, Trichy. The respondent has also filed H.M.O.P. No. 425 of 2017 on the file of the Family Court, Trichy, seeking divorce.