A KAVITHA DEVI Vs. SURESH VICTOR AMALRAJ

JUDGEMENT

(1.) THIS transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw D.O.P.No.8 of 2009, from the file of the Principal District Judge, Thiruvarur, and to transfer the same to a competent Court, at Pondicherry.

(2.) THE petitioner has stated that she had married the respondent, on 23.5.2009. Immediately, after the marriage the petitioner was sent to Dubai, where the respondent was employed. However, the marital life with the respondent was not happy and the petitioner had been sent out of the matrimonial home, when she was in the family way. She was compelled to fly, from Dubai to India, alone. Even thereafter, the petitioner was being illtreated and the respondent and his family members had also made dowry demands.

(3.) IN the counter affidavit filed on behalf of the respondent it had been stated that the averments and the allegations made by the petitioner in the affidavit filed in support of the transfer civil miscellaneous petition are false and frivolous. It has been stated that the respondent is working at Dubai. He comes to INdia only on short visits, when he is in a position to avail leave. If D.O.P.No.8 of 2009, filed for divorce, is transferred to Pondicherry, it has to be adjudicated in the Family Court at Pondicherry. The respondent would be compelled to be present for the hearings before the Family Court, at Pondicherry, in person. It would be extremely difficult for the respondent to do so, as he is employed at Dubai. Therefore, it had been stated that the original petition may be transferred to any other Court of competent jurisdiction.