P RANGESH Vs. ISWARYA

JUDGEMENT

(1.) THE petitioner/husband has filed this transfer civil miscellaneous petition praying for an order from this Court to withdraw the H.M.O.P.No.31 of 2008 pending on the file of Principal Sub Judge, Mayiladuthurai and to transfer the same to the file of Principal Sub Court at Chengalpattu to try the same along with H.M.O.P.No.189 of 2008 pending on the file of Principal Sub Court at Chengalpattu.

(2.) THE petitioner/husband in his affidavit in Tr.C.M.P. has inter alia averred that 'his marriage with the respondent/wife has been solemnized on 31.08.2005 at Sundari Ammal Kalyana Mandapam at Sirkali, near Kumbakonam and that he is employed as an Assistant in Foxcon India Limited, a private company in Sriperumbudur near Poonamallee and daily he is travelling for about 100 kilometers from his house at Maraimalai Nagar to reach his company and that the respondent/wife is educated only up to school final and has not evinced any interest to lead a decent matrimonial life with him ever since the marriage and that the respondent/ wife exhibits absolute indifference in the matrimonial life and showed dislike and scant respect words him on many occasions and created a scene with impolite unparliamentary words and quarreled in open streets which has been a scene of occurrence in the public and further that the respondent/ wife went back to her mother's house under the pretext of studying and has completely avoided living with his family most of the time and there has been instances where and when the respondent has treated him with absolute cruelty both physical and mental and made his matrimonial life miserable etc. and that the female child by name minor Kavitha aged 1- years is born and on 29.12.2007 the respondent demonstrated that ultimate wish to break the marriage and the matrimonial life beyond any repair has given a false compliant on false and imaginary allegations before the All Women Police Station at Chengalpattu and himself, his father, mother and entire family has been dragged to the Police Station and anticipatory bail application Crl.M.P.No.1184 of 2008 has been filed before the Principal Sessions Judge at Chengalpattu and the police has informed that no case has been filed and hence, the said application has been closed and further that the respondent/wife filed M.C.No.4 of 2008 claiming maintenance under Section 125 of Cr.P.C. and that the respondent/wife filed another H.M.O.P.No.31 of 2008 before the Principal Sub Court, Mayiladuthurai praying for a relief of restitution of conjugal rights etc.

(3.) IN the reply affidavit filed by the petitioner/ husband it is among other things mentioned that the events like the respondent/wife handling the petitioner/husband and physically abusing him and the act of pouring water on his face and further the brandishing with chapel to beat him are all matters of evidence and witnesses at Maraimalai Nagar during the stay of the respective parties etc. and that his office insists that he has to go on medical leave if he goes on leave and if he goes one leave for attending the hearing at Seerkali or at Mayiladuthurai then he furnishes treatment certificates from doctor to be on medical leave and if the respondent/wife is to conduct the case at Chengalpattu that too for an eye wash case of restitution of conjugal rights, travel alone is to be considered for which he is willing to bear the expenses and the distance is only about 200 kilometers and in both the Sub Courts the party's presence is not necessary for every hearing and the respective counsel will take care of that party's case and therefore, the transfer of the case from Mayiladuthurai to Chengalpattu is only a fair, just and equitable one.