This petition is filed for transfer of proceedings in M.C.No.176 of 2016 pending on the file of the Family Court, Madurai to the Family Court, Dindigul.
2. The petitioner is the husband and the respondent is the wife. It is admitted that already the petition filed by the husband for divorce in I.D.O.P.No.49 of 2014 and the petition filed by wife for restitution of conjugal rights in I.D.O.P.No.107 of 2014 are pending before the District Court, Dindigul. Though the petitioner / husband originally filed a petition in I.D.O.P.No.5 of 2013 for divorce before the District Court at Nagercoil, the respondent / wife filed a petition in I.D.O.P.No. 5 of 2013 for restitution of conjugal rights on the file of the Principal Sessions Court, Madurai. When the respondent / wife filed a petition for transfer of proceedings pending before the District Court, Nagercoil, it appears both the proceedings initiated by the husband and wife viz., IDOP.No. 5 of 2013 were transferred to the file of the Principal District Court, Dindigul and now pending in I.D.O.P.No.49 of 2014 and I.D.O.P.No.107 of 2014 respectively. In the meanwhile, it is stated that the wife has filed a petition in M.C.No.176 of 2016 on the file of the Family Court, Madurai, for maintenance under
Section 125 of Cr.P.C.
3. It is stated by the petitioner that the intention behind filing this maintenance petition is only for harassing the petitioner, as the respondent had already filed a petition for maintenance in the petition filed by her for restitution of conjugal rights, which is pending before the District Court, Dindigul. It is further stated that the respondent has also appeared in both the cases which are pending before the District Court, Dindigul.
4. Having regard to the nature of proceedings and it is also convenient for both if the proceeding pending in M.C.No.176 of 2016, on the file of the Family Court, Madurai, is transferred to the Family Court, Dindigul, since both parties can engage the same Advocate to conduct all the three cases and the proceedings can go on simultaneously in all the three cases. Since the petitioner is working in Bangalore it will be more convenient if the proceeding is transferred to the Family Court, Dindigul.
5. Considering the nature of grievance expressed by the petitioner and the facts and circumstances of the case and to avoid conflicting decisions and in the interest of justice, the proceedings pending in M.C.No.176 of 2016 pending on the file of Family Court, Madurai is transferred to the Family Court, Dindigul. The Family Court, Dindigul, is directed to dispose of the M.C.No.176 of 2016, within a period of three months from the date of receipt of records from the Family Court, Madurai.
6. With the above direction, the Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.
To The Family Court, Dindigul .