J. Thilagavathi vs M. Rajkumar

M. Jaichandren, J.—This petition has been filed praying that this Court may be pleased to Transfer the petition, in H.M.O.P. No. 38 of 2008, on the file of the Principal Sub-Court, Thanjavur to the Sub-Court, Virudhunagar.

The petitioner has stated that her marriage with the respondent was solemnized, on 02.03.2006, at Thanjavur, according to Hindu Rites and Customs. The parents of the respondent had been interfering with the family affairs and they had prevented the petitioner from practising as a Sidha Doctor and they had not permitted the petitioner to complete her M.B.A. course. The respondent and his parents had been harassing the petitioner by demanding dowry and they had also been torturing the petitioner, mentally as well as physically.

The petitioner has also stated that in the year, 2007, the respondent had agreed to live peacefully with the petitioner at her parental house in Thanjavur. While so, the respondent had been harassing the petitioner and had been physically abusing her. Since then, the petitioner has been living in her parental house in Thanjavur. While so, the respondent had filed H.M.O.P. No. 146 of 2006, on the file of the Principal Sub Judge, Thanjavur. Later, the said petition had been withdrawn by the respondent, without assigning any reason.

The petitioner had filed Crl.M.P. No. 3230 of 2008, before the Judicial Magistrate, Virudhunagar, under the Protection of Women from Domestic Violence Act, 2002. The respondent had filed H.M.O.P. No. 38 of 2008, for restitution of conjugal rights, before the Principal Sub Court, Thanjavur, making false and frivolous allegations. Since the petitioner was residing at Virudhunagar, it would be extremely difficult to attend the hearings, in H.M.O.P. No. 38 of 2008, at Thanjavur. Further, the respondent is likely to cause physical harm to the petitioner, during her travel to Thanjavur, to attend the hearings in the said petition. In such circumstances, the petitioner has prayed to transfer H.M.O.P. No. 38 of 2008, pending on the file of the Principal Sub Court, Thanjavur, to the Sub Court, Virudhunagar.

Even though, Court notice had been served on the respondents, on 02.07.2008, and their names having been printed in the cause list, there is no appearance on their behalf, either in person or through their counsels.

In view of the averments made in the affidavit filed in support of the petition and on considering the submissions made by the learned Counsel appearing on behalf of the petitioner, H.M.O.P. No. 38 of 2008, pending on the file of the Principal Sub Court, Thanjavur, is transferred to the Sub Court, Virudhunagar, to be heard and disposed of, on merits and in accordance with law. Accordingly, this petition stands allowed.