The petitioner/wife has come before this Court seeking to transfer H.M.O.P.No.202 of 2016 filed by the respondent/husband seeking restitution of conjugal rights, on the file of the Principal Sub Court, Tenkasi, to the file of the Sub Court, Udumalpet, filed by the petitioner/wife seeking for divorce, to be tried along with H.M.O.P.No.11 of 2017.
2. The petitioner/wife was already married to one Manikandan and out of the said wedlock, two children were born. However, the marriage between the petitioner/wife and the said Manikandan was dissolved on 22.10.2007 legally. Thereafter, the petitioner/wife got married to the respondent/husband on 12.06.2013 and in the meantime, a dispute arose between the parties and they are living separately. Hence, the respondent/husband filed H.M.O.P.No.202 of 2016 before the Principal Sub Cout, Tenkasi, for restitution of conjugal rights. The petitioner/wife also filed H.M.O.P.No.11 of 2017 before the Sub Court, Udumalpet, for divorce. Only to transfer the petition in H.M.O.P.No.202 of 2016 filed by the respondent/husband, the present petition has been filed.
3. Heard the learned Counsel for the petitioner/wife. Though the respondent/husband has been served and his name is printed in the cause list, no one entered appearance on behalf of him.
4. Since the petitioner/wife is living with her two children at Udumalpet, it is very difficult for a lady to travel to Tenkasi from Udumalpet, about 200 Kms. for every hearing. The place of residence of the petitioner/wife is the appropriate place for trying the case.
5. Therefore, H.M.O.P.No.202 of 2016 on the file of the Principal Sub Court, Tenkasi, is withdrawn and transferred to the Sub Court, Udumalpet, wherein H.M.O.P.No.11 of 2017 filed by the petitioner/wife is pending. The Sub Court, Udumalpet, is directed to try both the petitions jointly as per law.
6. Accordingly, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected civil miscellaneous petition is closed.
To
1.The Principal Sub Court, Tenkasi.
3.The Sub Court, Udumalpet.
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