Rajathi vs M. Yuvaraj

M. Jaichandren, J.—This petition has been filed praying that this Court may be pleased to withdraw O.P. No. 3869 of 2007, on the file of the II Additional Family Court, Chennai, and transfer the same to the file of the Subordinate Judge, Paramakudi or any other Court as deemed fit by this Court.

The petitioner has stated that her marriage with the respondent had been solemnised, on 17.06.2005, at Madurai, as per Hindu Rites, Customs and usages. After her marriage, the petitioner had started living at Mysore, where the respondent was working. While so, she had given birth to a male child, on 13.02.2007.

It has been further stated that the respondent and his family members have been harassing the petitioner for dowry and making false allegations against the petitioner. Thereafter, the respondent had filed a petition for divorce, in O.P. No. 3869 of 2007, before the II Additional Family Court, Chennai, based on the false allegations.

The petitioner has stated that she is presently living at No. 2/32, Vadakkoor, Kelaparthipanoor, Paramakudi Taluk, Ramanathapuram District with her parents, along with her one year old child. She has also stated that she used to travel to Bangalore, along with her brother, who is working there. However, she has been residing at Paramakudi with her parents and it is extremely difficult to travel to Chennai for each and every hearing of the petition, in O.P. No. 3869 of 2007, leaving the young child behind.

The learned Counsel appearing on behalf of the respondent had submitted that the summons, in O.P. No. 3869 of 2007, pending on the file of the II Additional Family Court, Chennai, had been served on the respondent only at Bangalore. Therefore, there is no proof of the petitioner residing at Paramakudi. The other allegations made by the petitioner are also false.

No counter has been filed on behalf of the respondent.

In view of the submissions made by the learned Counsels appearing on behalf of the petitioner, as well as the respondent, and on a perusal of records available, it is seen that the petitioner has been residing at Paramakudi, as found in the family card issued for the year 2005-2009, filed before this Court.

It is stated by the petitioner that she has a young child, who is one year old and the said fact has not been disputed by the respondent. In such circumstances, this Court is of the considered view that the petition, in O.P. No. 3869 of 2007, pending on the file of the II Additional Family Court, Chennai, is to be transferred to the Subordinate Court, Paramakudi, to be heard and disposed of on merits. The Subordinate Judge, Paramakudi, is directed to dispose of the petition, in O.P. No. 3869 of 2007, filed by the respondent, on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. The petition is ordered, accordingly.