S. Deepa v. J. Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

Tr. C.M.P. No.28 of 2018 and C.M.P. No.738 of 2018

S.Deepa ... Petitioner -vsJ.Karthikeyan ... Respondent

Prayer: Petition filed under Section 24 of C.P.C to withdraw HMOP.No.64 of 2017 on the file of the learned Family Court Judge at Puducherry and to transfer the same to the file of the learned Subordinate Judge, Mettur.

For Petitioner : Ms.Saraswathi Muthiah

For Respondent : Mr.R.Dillikumar

The Transfer C.M.P. has been filed seeking to withdraw HMOP.No.64 of 2017 on the file of the learned Family Court Judge at Puducherry and to transfer the same to the file of the learned Subordinate Judge, Mettur.

2.Learned counsel appearing for the petitioner-wife would submit that the respondent husband has filed HMOP.No.64/2017 second time reviving his desire for dissolution of the marriage solemnized on 26.08.2009 as per the Hindu rites and customs at Palayalayam Sakthi Mahal, Erode. On an earlier occasion, the petitioner wife has given a complaint before the All Women Police Station Mettur which was taken cognizance by the learned Judicial Magistrate No.II, Mettur Dam in CC.No.199/11 for the offences under Sections 498-A and 506(ii) of IPC. When the said case was pending, the respondent husband has filed HMOP.No.100/2011 before the Sub-Court, Mettur, on the ground of cruelty that was subsequently withdrawn on the basis of the compromise reached between the parties by order dated 12.07.2011. Subsequently, by judgment dated 23.11.2011, the respondent husband was also acquitted by the Criminal Court in