O R D E R

This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife to withdraw HMOP.No.592 of 2021 from the file of the learned Family Judge, Salem and transfer the same to the file of the learned Subordinate Judge, Rasipuram.

2. Eventhough notice was served on the respondent, there is no representation on his side.

3. The learned counsel for the petitioner would submit that the petitioner/wife and the respondent/husband got married in the year 2008 and they have three children. Due to misunderstanding between them, they got separated. The petitioner/wife has rental house at Rasipuram started to live with her children in and from then, there was no connection between her and his husband. He would further submit that the petitioner/wife filed a petition in HMOP.No.122 of 2021 on the file of the learned Subordinate Judge, Rasipuram seeking divorce. After knowing the same, as a counter blast, the respondent/husband has filed the petition for restitution of conjugal rights in HMOP.No.592 of 2022 before the learned Family Judge, Salem. He would further submit that if the trial is proceeded with, she is unable to travel from Rasipuram to Salem to attend the Court hearings, since she is having three children without any source of income. So far, no maintenance was paid by her husband. Hence, the above petition is filed.

4. The reasons assigned by the petitioner seeking for transfer of the case is justifiable one. Hence, HMOP.No.592 of 2021 is ordered to be withdrawn from the file of the Family Court at salem and transferred the same to the Subordinate Court at Rasipuram and to be tried along with HMOP.No.122 of 2021 .

5. Accordingly, the Family Court, Salem is directed to send entire records to the Subordinate Court, Rasipuram within a period of four weeks from the date of receipt of a copy of this order.

6. A perusal of materials avilable on record reveals that the respondent/husband is a ex-service man and drawing decent salary. The petitioner/wife is having three children without any source of income. They living in a rented house. So far, no interim maintenance was paid by the respondent/husband. Considering the same, this court directs the respondent/ husband to pay a sum of Rs.10,000/- p.m. (Rupees Ten Thousand only) as an interim maintenance on the first week of every English Calender month which shall be credited into the account of the petitioner/wife directly until it is modified by any court of law.

7. With the above directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

29.03.2023 Index : Yes/No Internet : Yes/No Vv To

1. The Family Judge, Salem.

2. The Subordinate Judge, Rasipuram.

T.V.THAMILSELVI, J.

Vv and C.M.P.No.1421 of 2023

29.03.2023