IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 21.4.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.138 of 2009 Ms.P.Malathi ... Petitioner vs. Mr.J.Thilagan ... Respondent Civil Revision Petition filed to withdraw the H.M.O.P.No.144 of 2007 on the file of the I Fast Track Court, Poonamallee, and transfer the same to any one of the Family Courts at Chennai and pass such further or other orders as this Court may deem fit and proper. For petitioner : Ms.Suganya Devi Duraichamy For Respondent : Mr.V.R.Ramesh O R D E R
This Transfer Miscellaneous Petition has been filed praying that this Court may be pleased to withdraw H.M.O.P.No.144 of 2007, pending on the file of the Fast Track Court I, Poonamallee, and to transfer the same to any one of the Family Courts, at Chennai.
2. The petitioner has stated that the marriage between the petitioner and the respondent was solemnised, on 12.9.2004 at Trichy, as per the Hindu rites and customs. However, due to certain disputes that had arisen between the petitioner and the respondent, the respondent had filed H.M.O.P.No.144 of 2007, on the file of the Subordinate Court, Poonamallee, which was later transferred to the Fast Track Court I, Poonamallee. The said petition had been filed by the respondent praying for divorce, on the ground of cruelty.
3. The main reason for filing the transfer miscellaneous petition is that it would be difficult for the petitioner to attend the hearing before the Fast Track Court I, Poonamallee, as she is living in Santhome, Mylapore, Chennai. It has also been stated that the respondent is threatening the petitioner and therefore, there is a serious apprehension that he would harm the petitioner, when she goes to Poonamallee to attend the hearings before the Fast Track Court I, Poonamallee, in H.M.O.P.No.144 of 2007.
4. Per contra, the learned counsel for the respondent had submitted that the respondent is working as a lecturer in Panimalar Engineering College. It would be difficult for him to attend the hearings before the Family Court, at Chennai, if H.M.O.P.No.144 of 2007, is transferred, as prayed for by the petitioner, since he has to appear in person, before the Family Court, at Chennai, during the hearings in the original petition. He had also submitted that he is paying interim maintenance of a sum of Rs.2,000/-, per month, to the petitioner and therefore, there would be no difficult, for the petitioner to attend the hearings before the Fast Track Court-I, Poonamallee, in H.M.O.P.No.144 of 2007.
5. The learned counsel had also submitted that the respondent would not cause any harm to her, as apprehended by her. Further, the learned counsel for the respondent had also submitted that the trial, in H.M.O.P.No.144 of 2007, had commenced before the Fast Track Court, I, Poonamallee. A proof affidavit had been filed by the petitioner and the matter is listed for cross examination of P.W.1. Further, due to the interim order of stay granted by this Court, the matter had not proceeded further.
6. Considering the submissions made by the learned counsels appearing for the parties concerned, this Court does not find sufficient cause or reason to grant the reliefs, as prayed for by the petitioner, in the present transfer civil miscellaneous petition.
7. Since it is noted that the Fast Track Court – I, Poonamallee, is not far away from the place of the petitioner and as H.M.O.P.No.144 of 2007, has been pending from the year of 2007, this Court is not inclined to allow the transfer civil miscellaneous petition. Hence, it stands dismissed. However, the Fast Track Court, – I, Poonamallee, is directed to hear and dispose of the H.M.O.P.No.144 of 2007, on merits and in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. No costs. Consequently, connected M.P.No.1 of 2009 is closed.
lan
To
1. The I Fast Track Court, Poonamallee
2. The Family Courts at
Chennai