Maheswari vs M. Ramesh and Jayavel (not necessary party)

M. Venugopal, J.—The petitioner herein is the wife. The respondent is the husband. The marriage between the petitioner and the respondent took place on 19.01.2000 and as a result of their wed lock, they are two issues. The avocation of the respondent/husband is lorry driving. The petitioner/wife has filed F.C.O.P. No. 91 of 2008 on the file of Family Court, Salem praying for the relief of restitution of conjugal rights. The respondent/husband has filed H.M.O.P. No. 36 of 2008 on the file of Sub Court, Mettur for the relief of dissolution of marriage.

The learned Counsel for the petitioner submits that the petitioner/wife is residing at Salem at a distance of 60 kilometers of Mettur and she is unemployed and has no source of income and that the respondent/husband is also not supporting her and her children and therefore, prays for an order to withdraw H.M.O.P. No. 36 of 2008 pending on the file of Sub Court, Mettur and to transfer the same to the file Family Court, Salem.

u/s 24 of CPC dealing with High Courts general power of transfer and withdrawal of a case from one Court to another Court, it is to be mentioned that the Hon''ble High Court has power to transfer cases from one Court to the other Court. It is true that the application for transfer u/s 24 of CPC is maintainable. In view of the fact that the petitioner remains unemployed and has no source of income and since she happen to be a mother of two children and taking note of the fact that the petitioner is residing at Salem, which is 60 kilometers from Mettur, considering her convenience and the interest of her children and taking an overall assessment of the facts and circumstances of the case and weighing the balance, this Court opines that the petitioner/wife has to spend money towards her travel and incidental expenses in attending the hearing of the case H.M.O.P. No. 36 of 2008 pending on the file of Sub Court, Mettur and in the interest of justice, this Court allows the Tr.C.M.P. and directs the withdrawal of H.M.O.P. No. 36 of 2008 pending on the file of Sub Court, Mettur to the Family Court, Salem where the F.C.O.P. No. 90 of 2008 filed by the petitioner/wife is pending. By withdrawing the H.M.O.P. No. 36 of 2008 on the file of the Sub Court, Mettur and transferring the same to the Family Court, Salem where admittedly F.C.O.P. No. 90 of 2008 is pending, it will not cause any prejudice and hardship to the respondent/husband.

With these observations, the Tr. C.M.P. is allowed. No costs.