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.
4. In the counter affidavit filed on behalf of the respondent, it has been stated that the marriage between the petitioner and the respondent had been solemnized on 20.04.1992. Since then, they had been living together peacefully, without any problems. From the year 2004, the petitioner had been going to her parental home very often. Apart from that, she had also refused to return to live with the respondent. In such circumstances, the respondent had filed H.M.O.P. No.100 of 2007, for restitution of conjugal rights, before the Family Court, Madurai. The petitioner has filed H.M.O.P. No.38 of 2008, before the Subordinate Court, Devakkottai, seeking for divorce, as a counter blast. The present petition has been filed by the petitioner with the mala fide intention of harassing the respondent. The balance of convenience is in favour of respondent as he is carrying on tyre business at Simmakkal, Madurai. Hence, it is liable to be dismissed.
5. In view of the submissions made by the learned counsel appearing for the petitioner, as well as the respondent and on a perusal of records available and in view of the recent decision of the Supreme Court, in Purnima Sailani V. Shailendra Sailani, (2009) 1 SCC, 656, this Court is of the considered view that the petitioner has shown sufficient cause for transferring H.M.O.P.No.100 of 2007, pending on the file of the Family Court, Madurai, to the Subordinate Court, Devakkottai, to be tried along with H.M.O.P.No.38 of 2008.
6. The balance of convenience is also in favour of the petitioner since she has four young children and she has to travel to Madurai for every hearing of the petition filed by the respondent, in H.M.O.P.No.100 of 2007. In such circumstances, 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. The Sub Judge, Devakkottai, is directed to hear and dispose of both the petitions, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.
srm To The Family Court, Madurai.
The Subordinate Court, Devakkottai.