The petitioner/wife has come before this Court seeking transfer of H.M.O.P.No.4822 of 2016 filed by the respondent/ husband for divorce before the Family Court, Chennai, to the file of the Sub Court, Theni, wherein H.M.O.P.No.136 of 2016 filed by the petitioner/wife for restitution of conjugal rights, is pending.
2. Both the parties are present before this Court. The respondent/husband apprehends threat to his life if H.M.O.P.No.4822 of 2016 filed by him for divorce, is transferred to Theni. Moreover, the respondent/husband has to travel from Chennai to Theni every time.
3. Therefore, in the interest of both the parties, it is appropriate to transfer H.M.O.P.No.4822 of 2016 pending on the file of the Family Court, Chennai, to the file of the Sub Court, Dindigul. Accordingly, H.M.O.P.No.4822 of 2016 on the file of the Family Court, Chennai, is transferred to the file of the Sub Court, Dindigul.
4. Moreover, H.M.O.P.No.136 of 2016 filed by the petitioner/ wife is said to have been dismissed for default on 18.10.2016 and an application in I.A.No.169 of 2016 for restoration is also pending. Since the divorce petition is transferred to the file of the Sub Court, Dindigul, it is appropriate to allow the application in I.A.No.169 of 2016 and accordingly, this Court suo motu allows I.A.No.169 of 2016 in H.M.O.P.No.136 of 2016, for which, the respondent/ husband has got no objection.
5. Therefore, the Sub Court, Theni, is directed to restore the petition in H.M.O.P.No.136 of 2016 filed by the petitioner/wife for restitution of conjugal rights.
6. In view of the same, this Court suo motu transfers H.M.O.P.No.136 of 2016 pending on the file of the Sub Court, Theni, to the file of the Sub Court, Dindigul, to be tried along with H.M.O.P.No.4822 of 2016.
7. In the result, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected miscellaneous petition is closed.
To
1.The Family Court, Chennai.
2.The Sub Court, Theni.
3.The Sub Court, Dindigul.
.