ORDER

This Civil Revision Petition has been filed seeking to direct the learned Presiding Officer, Principal Family Court, Chennai, to number the petition in O.P.Sr.No.15584 of 2018 for restitution of conjugal rights and also the relief prayed for under the Protection of Women from Domestic Violence Act instituted by the Petitioner and further hear H.M.O.P.No.152 of 2019 instituted by the first Respondent along with Petitioner's O.P.Sr.No.15584 of 2018 and decide both the petitions together. 2. Mr.V.Prakash, learned Senior Counsel, submitted that the Petitioner (Aiswarya Sridhar), the wife of Harihara Venkatraman Balasubramanian had filed O.P.SR.No.15584 of 2018 before the learned Principal Judge, Family Court, Chennai under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights.

3. The Respondent/husband had filed H.M.O.P.No.152 of 2019 seeking divorce against the Petitioner. The Petitioner and her husband are residing in United States of America. The Petition for restitution of conjugal rights was filed through her mother as Power of Attorney Agent Bhuavaneswari in O.P.Sr.No.15584 of 2018. In the said HMOP, the first Respondent is her husband/Harihara Venkatraman, Second respondent is Balasubramanian, who is the father in law of the Petitioner, third respondent is Santhi, mother in law of the Petitioner and fourth respondent is the sister in law of the Petitioner. Her husband and her in laws treated her cruelly. Therefore, she filed a petition seeking the relief under Section 26 of the Protection of Women from Domestic Violence Act and also for clubbing in O.P.SR.No.15584 of 2018. When the Petition was presented before the learned Principal Judge, Family Court, Chennai, the said Petition was returned.

4. The learned Counsel for the Petitioner submitted that both the Respondents and the Petitioner are now residing in United States of America. Therefore, the HMOP is filed by the wife/Petitioner herein through her Power of Attorney Agent mother. In this Civil Revision Petition, directions are sought to be issued to the learned Principal Judge, Family Court, Chennai to take O.P.Sr.No.15584 2018 on file and proceed along with HMOP.No.152 of 2019.

5. As per Article 227 of the Constitution of India, to avoid miscarriage of justice, the H.M.O.P filed by the Petitioner clubbing the case under Domestic Violence Act, Maintainance case, O.P for restitution of conjugal rights has to be entertained and to be taken on file for joint trial with H.M.O.P.No.152 of 2019.

6. The learned Counsel for the Respondents 1 to 4 submitted that, after filing of this Civil Revision Petition, the subject matter of the HMOP filed by the husband was filed as an interim measure. In the meanwhile, both the parties were directed to appear before the Mediation Centre attached to the High Court of Madras. In the Mediation, there was 10 sittings. But Mediation was not possible. Therefore, they have sent a report on the 11th Day of Mediation.

7. The learned Counsel for the Respondents 1 to 4 had relied on an advertisement given by the father of the Petitioner before this Court. Therefore, the petition for restitution of conjugal rights is not a bona-fide claim of the Petitioner herein. The Petitioner can very well participate in the proceedings in HMOP.No.152 of 2019 and agitate her rights before the Family Court, Chennai. It is the further contention of the learned Counsel for the Respondents 1 to 4 that the Petitioner had filed clubbing three reliefs that is to be granted by different portions. Maintanence cases are usually taken on file and proceeded by Court to the learned Judicial Magistrate. Domestic Violence Act case is also a private complaint to be filed by the wife against the person who had caused cruelty to the De-facto Complainant. In this case, the Petitioner had clubbed O.P for restitution of conjugal rights with maintenance case and Domestic Violence case.

8. Further the learned Counsel for the Respondents 1 to 4 submitted that, as pe