S. Sudha vs S. Senthilvel

M. Venugopal, J.—The petitioner/wife has filed this transfer civil miscellaneous petition praying for issuance of an order by this Court to

withdraw O.P. No. 3473 of 2007 on the file of the Family Court No. II, Madras and transfer the same to the Sub Court, Karur to be tried along

with H.M.O.P. No. 158 of 2007 pending on the file of Sub Court, Karur. The case of the petitioner/wife is that she got married to the

respondent/husband on 20.8.2004 at Kongu Valanadu Thirumana Mandapam,K.Paramathi as per the rights, rituals and customs of the Hindu

Community and after the marriage, the petitioner and the respondent were living at Madras living for few days at Coimbatore.

It is the further case of the petitioner/wife that the respondent/husband used to come with his friends of both the sex and made his house as a bar

and as the activities of the respondent and his friends of both the sex were not conducive for a family of our culture, the petitioner had exhibited her

unwillingness of the state of affairs which was made to prevail the respondent and that the respondent/husband has resorted for excuses and has

assured to mend himself but had continued to have the affairs of his own.

It appears that the respondent/husband was called to London in connection with his official work and requested the petitioner to remain in her

parental house to which course, the petitioner/wife refused and insisted that she will remain at Chennai itself. According to the petitioner/wife, the

respondent/husband created some unfounded fear of aloofness, which may cause life danger to her. The respondent/husband inspite of the protest

made by the petitioner/wife has dropped her at her parental house during first week of September 2005 i.e., on 4.9.1995 saying that he will take

her back after arriving from London. The respondent/husband has arrived in Madras in January 2006 but he has not taken care of the

petitioner/wife. The petitioner/wife has no option but to file H.M.O.P. No. 158 of 2007 before the Sub Court, Karur praying for restitution of

conjugal rights and that the respondent/husband has filed a petition before the Family Court No II, Chennai for divorce in O.P. No. 3473 of 2007

u/s 13(1)(a) of the Hindu Marriage Act 1955.

The learned counsel appearing for the petitioner/wife submits that the petitioner''s parents are aged about 62 and 58 respectively and they are

sugar patients with blood pressure and Arthritis problems and that the petitioner/wife has to travel about 430 kms from Thennilai in Karur District

to Madras for the purpose of hearing O.P. No. 3473 of 2007 at Chennai with a great difficult and that the petitioner/wife is not working anywhere

and therefore prays for allowing this petition in the interest of justice.

The respondent/husband has filed a detailed counter inter alia stating that after receiving the notice in the Divorce petition, the petitioner/wife has

filed H.M.O.P. No. 158 of 2007 before the Sub Court, Karur praying for restitution of conjugal rights with an ulterior motive to harass the

respondent/husband by driving him to and fro and that on 23.9.2007, the petitioner/wife and her father with the help of the high handed

personalities, threatened the respondent/husband and his parents and demanded to settle the petitioner with an amount of Rs. 12,00,000/- as a

maintenance amount and they also obtained signature in a document paper and further that the respondent/husband is suffering from the disc bulge

at C4-C5 and C5-C6 in the spinal cord for the past two years and also with kidney stone. He has been advised by the doctor to avoid travelling

and besides he is working in regular shifts as a system analyst in Dextrity Business Analysts Ltd., Chennai and prays for dismissal of the petition.

It transpires that the respondent/husband is undergoing treatment for the past 1 1/2 months with a Siddha Physician for his ailment of disc bulge

at C4-C5 and C5-C6 in the spinal cord and that the external application of ayurvedic poultice has to be applied in the cervical region and that he

has been advised to avoid travelling and lifting weight and further advised to continue his medication for six months to one year as seen from the

Medical Certificate dated 20,10.2008 issued by the Siddha Doctor. Moreover, the respondent/husband has also taken KUB Scan Report at

Sundaram Medical Foundation. Dr.Rangarajan Memorial Hospital, Chennai and impression of the report as follows:"" Lateral Renal Calculi

Minimal Perlviectas/s present on left side. Normal appearing Bladder Prostate"".

When the Court of law deals with a transfer Civil Miscellaneous Petition in matrimonial proceedings, the convenience of all parties will have to

be taken note of. Further, the interest of the wife must be the prime consideration before a Court of Law, when the Court deals with the said

petition for transfer of case from one Court to another. However ultimately the justice has to be done to the parties.

Inasmuch as the respondent/husband is working as a system analyst in Dextrity Business Analysts Ltd., Chennai getting more than Rs. 20,000/-

per month and since the petitioner/wife has to travel 430 kms from Thennilai in Karur District to Chennai for the purpose of hearing of O.P. No.

3473 of 2007 on the file of the Family Court No. II, Chennai, she finds it difficult to attend hearing at Chennai along with her aged father, this

Court is of the considered view that the balance of convenience and the convenience of the petitioner/wife stands on a better footing than that of

the respondent/husband and taking note of over all assessment of the facts and situation of the case between the parties, this Court, in the interest

of Justice, allows the transfer Civil Miscellaneous Petition. In the result, this transfer Civil Miscellaneous Petition is allowed and O.P. No. 3473 of

2007 filed by the respondent/husband on the file of the Family Court-II, Chennai is ordered to be transferred to the Sub Court, Karur to be tried

along with H.M.O.P. No. 158 of 2007 filed by the petitioner/wife on the file of Sub Court, Karur and Family Court No. II, Chennai is further

directed to transfer O.P. No. 3473 of 2007 within five days from the date of receipt of a copy of this order and on such transfer, the Sub Court,

Karur is directed to dispose of both matters within a period of three months from the date of receipt of the case papers on its file. Taking into

account of the ailment of the respondent/husband, liberty is given to the respondent/husband to file necessary application seeking exemption from

appearance before the Sub Court, Karur and the Subordinate Judge, Karur is directed to deal with the said application on merits, after providing

an opportunity to the petitioner/wife to file counter and to dispose of the exemption application filed by the respondent/husband in the manner

known to law. No costs. Consequently, connected MP. No. 1 of 2008 is closed.