BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/02/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA Tr.C.M.P.(MD) No.152 of 2007 and M.P.(MD) No.1 of 2007 A.Ravikumar .. Petitioner Vs. Suba .. Respondent Prayer Petition filed under Section 24 of Code of Civil Procedure to withdraw the H.M.O.P.No.23 of 2007 from the file of the Sub Court, Kulithalai and transfer to Sub Court, Trichy. !For Petitioner ... Mr.C.Sundaravadivel ^For Respondent ... Mr.K.R.Laxman :JUDGMENT
This petition is focussed to withdraw the H.M.O.P.No.23 of 2007 from the
file of the Sub Court, Kulithalai, and to transfer it to Sub Court, Trichy.
2. Heard both sides.
3. The facts leading to the filing of this Transfer Civil Miscellaneous
Petition would run thus:
The petitioner herein claimed to be the husband of the respondent filed
H.M.O.P.23 of 2007 before the Sub Court, Kulithalai, for restitution of conjugal
rights under Section 9 of the Hindu Marriage Act. The grievance of the
petitioner is that on the wife’s side they deny the very marriage between the
petitioner and the respondent. Whenever he visits the Court he faces threats and
there is every likelihood of his life being endangered at the instance of the
wife’s relative. Hence, he prays for transfer of H.M.O.P.No.23 of 2007 from
the file of the Sub Court, Kulithalai, to Sub Court, Trichy.
4. Per contra, the learned counsel for the respondent would submit that
there is no merit in the allegations made by the petitioner.
5. The point for consideration is as to whether there is any justification
on the part of the husband in seeking transfer of the H.M.O.P.No.23 of 2007 from
the file of the Sub Court, Kulithalai, to Sub Court, Trichy?
6. Point: Perused records. The only grievance of the petitioner is that he
is facing threats at the hands of the respondent’s relatives and that he could
not attend the Court and proceed with this H.M.O.P. for restitution of conjugal
rights. The learned counsel for the petitioner also would submit that already a
police complaint was lodged by the petitioner. Be that as it may, on the bare
allegation that there is threat to his life, matrimonial Court having
jurisdiction cannot be divested of its jurisdiction over the case. Necessary
police protection could be ordered so that there will not be any untoward
incident.
7. Accordingly, this petition is dismissed with the direction to the
Subordinate Judge, Kulithalai, to see that the petitioner is given police
protection and to that effect he shall send communication to the Station House
Officer of that area, that whenever the petitioner comes to attend the Court and
goes back home, he shall be given police protection. The Station House Office
of Kulithalai Police Station, shall give protection to the petitioner as set out
supra. No costs.
sj
To
1.The Subordinate Judge,
Kulithalai.
2.The Station House Officer,
Kulithalai Police Station,
Kulithalai.