K PAPPAMAL Vs. S BHAGAVATHY

JUDGEMENT

(1.) This is an application under S.24, CPC., and S.21 of the Hindu Marriage Act, 1955, for a transfer of a petition O. P. (HMA.) 247 of 1983 pending before the Sub Court, Trivandrum, to the Sub Court, Palghat, where a petition O. P. (HMA ) 47 of 1983 is pending.

(2.) The parties to the litigation got married on 15-11-1975. Their marriage life, however, does not appear to have been very happy. It is not necessary to go into the details of the rival contentions in the two petitions, one at the instance of the wife and the other at the instance of the husband. It is sufficient to note that the wife had filed a petition, one for restitution of conjugal rights before the Sub Court, Palghat, earlier, namely 20-6-1983. The husband entered appearance in that court, but repudiated the liability to reside with the wife. The husband's petition was for divorce on the ground of insanity of the wife. That was filed before the Sub Court. Trivandrum, on 15-9-1983, three months after the wife's petition.

(3.) The wife has complained that she does not possess sufficient financial ability to go to Trivandrum and contest the matter. A mala fide intention of harassing her and her mother is alleged against the husband.