The scope of a review application is limited to cases where there is an error apparent on the face of the record.

ORDER :

PRAYER: Review Petition filed under Order 47 Rule 1 r/w Section 114 of the Civil Procedure Code to review the order passed by this Court in Tr.CMP(MD)No.515 of 2022, dated 26.10.2022.

This review application is filed by the petitioner/wife to review the order passed by this Court in Tr.CMP(MD)No.515 of 2022, dated 26.10.2022.

2. The Transfer Civil Miscellaneous Petition was filed by the petitioner/wife to transfer the case in HMOP.No.278 of 2021 from the file of the Family Court, Dindigul to the file of the Family Court, Coimbatore, on the ground that the petitioner's father, namely, R.Govindarajan, who is following the case as her power agent, is suffering with certain ailments. This Court, considering the stage of the proceedings in HMOP.No.278 of 2021 and also considering the fact that the petitioner is contesting the case only through her power agent, dismissed the transfer civil miscellaneous petition with a direction to the trial Court to conclude the proceedings and dispose of the petition in HMOP.No.278 of 2021 within a period of three months. To review this order, the petitioner has moved the instant application stating that certain facts have not been placed before this Court.

3. Learned Counsel appearing for the petitioner submitted that the petitioner has filed HMOP.No.418 of 2022 before the Principal Sub Court, Coimbatore, seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The pendency of this application was not brought to the notice of this Court while hearing Tr.CMP(MD)No.515 of 2022. He further submitted that the issue pending before the Court at Dindigul [petition for divorce] and the Court at Coimbatore [petition for restitution of conjugal rights] are one and the same and therefore, both of them have to be heard together, in order to avoid any conflicting orders.

4. He further submitted that the petitioner is working at Hyderabad and her father/power agent is residing at Coimbatore. For each and every hearing, the petitioner has to come to Coimbatore to take her father and to attend the Court at Dindigul. For attending a hearing, she has to take leave for two days, which is very difficult for her. In view of the order passed by this Court to dispose of the proceedings within a period of three months, the trial Court is conducting the case in a weekly basis. If the case is transferred to Coimbatore, then she can manage to attend the hearing by availing leave for one day. By referring to the decisions of the Hon'ble Supreme Court, the learned Counsel contended that the convenience of the woman has to be given paramount consideration.

5. He further submitted that while dismissing the transfer civil miscellaneous petition, this Court has held that though the power agent of the petitioner claims to have certain medical ailments, the same was not substantiated with sufficient documents, excepting the scan report, where the findings are normal. In fact, there are several documents available showing the medical condition of the petitioner's power agent and the same were not placed before this Court at the time of hearing of the transfer application. Therefore, he prayed for allowing this application.

6. Learned Counsel appearing for the respondent submitted that the petition in HMOP.No.278 of 2021 was filed by the respondent/husband seeking divorce before the Family Court, Dindigul. The petitioner/wife was in abroad at that time and by referring the same, she filed an application in I.A.No.205 of 2022 to permit her to contest the case through her father, as a power agent. The trial Court dismissed the said application, however, this Court, in CRP(MD)Nos.1561, 1562 of 2022, dated 01.08.2022, permitted the petitioner to contest the case through her power agent/father. Thereafter, the respondent/husband was examined by the trial Court on 22.08.2022 and documents were marked. The respondent was also cross examined by the petitioner on 15.11.2022. Thereafter, the petitioner/wife was exami