This petition is focussed to withdraw the petition in H.M.O.P.No.86 of 2006 on the file of the Sub Court, Mayiladuthurai, and transfer the same to the file of the Principal Sub Court, Trichy.
2. A re'sume' of facts absolutely necessary for the disposal of this Tr.C.M.P, would run thus:
(i) The respondent claiming himself as the husband of the petitioner herein filed H.M.O.P.No.86 of 2006 before the Sub Judge, Mayiladuthurai, for restitution of conjugal rights. The fact remains that the respondent also filed a criminal complaint before the Magistrate Court concerned for the offence punishable under
Section 494 I.P.C charging the wife for having committed bigamy.
(ii) The petitioner/wife filed H.M.O.P.No.190 of 2006 for declaring the marriage as nullity. The grievance of the wife is that she underwent caesarean operation and thereby delivered a child during her wedlock with one Thangaraj. The petitioner found it difficult to travel all along from Trichy to Mayiladuthurai to attend the proceedings initiated by the respondent herein and that too, when she had recently undergone such a surgery.
3. The point for consideration is as to whether there is any justification for transferring the case in H.M.O.P.No.86 of 2006 from the file of the Sub Court, Mayiladuthurai, to the file of Principal Sub Court, Trichy?
4. Heard both sides. Perused the records.
5. In the typed set of papers, it is found that the copy of the medical report is available which would demonstrate that she delivered a child after surgery on 13.08.2007. It is therefore crystal clear that she is having some physical infirmity presently, as well as she is looking after her child. In such a case, it would be difficult for her to travel from Trichy to Mayiladuthurai and attend the said proceedings initiated by the respondent/husband.
6. By transferring H.M.O.P.No.86 of 2006 from the file of the Sub Court, Mayiladuthurai, to the file of the Principal Sub Court, Trichy, no prejudice would be caused to the respondent as already a criminal case lodged by the respondent is pending in the Judicial Magistrate Court concerned in Trichy and the H.M.O.P.No.190 of 2006 filed by the petitioner/wife is also pending in the Principal Sub Court, Trichy.
7. In the result, the said H.M.O.P.No.86 of 2006 is ordered to be transferred from the file of the Sub Court, Mayiladuthurai, to the file of the Principal Sub Court, Trichy. Accordingly, this petition is disposed of. Consequently, connected Miscellaneous Petition is also closed.
rsb To
1. The Sub Court, Mayiladuthurai.
2.The Principal Sub Court, Trichy.