B SHRITHA Vs. R JEYAKANTHAN

JUDGEMENT

(1.) THIS Transfer Civil Miscellaneous Petition has been filed, praying, that this Court may be pleased to withdraw F.C.O.P.No.2268 of 2008, from the file of the learned Principal Family Court Judge, Chennai and to transfer the same to the file of the Learned Subordinate Judge, Pollachi, to be tried, along with H.M.O.P.No.23 of 2009.

(2.) IT has been stated that the marriage between the petitioner and the respondent was solemnized, on 11.07.2007, as per the Hindu rites and Customs, at Chennai. Thereafter, the petitioner and the respondent were living in their matrimonial home, at Chennai, along with the respondent, and his mother and brother. However, due to certain disputes that had arisen between the petitioner and the respondent, he had filed the petition, in F.C.O.P.No.2268 of 2008, before the Principal Family Court, Chennai, for divorce, on the ground of cruelty. Whileso, the petitioner had shifted her residence to Pollachi, since, the respondent had gone to London for his employment. Whileso, the petitioner had filed H.M.O.P.No.23 of 2009, on the file of the Subordinate Court, Pollachi, for restitution of conjugal rights. The petitioner has stated that it is difficult for her to travel, from Pollachi to Chennai, to attend the hearings, in F.C.O.P.No.2268 of 2008, before the Principal Family Court, Chennai. She had also stated that she has no one to accompany her during her visits to Chennai and that she is living with her aged parents, at Pollachi. In such circumstances, the petitioner has preferred this Transfer Civil Miscellaneous Petition before this Court,under Article 227 of the Constitution of India.

(3.) IN view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well the respondent, F.C.O.P.No.2268 of 2008, pending on the file of the Principal Family court, Chennai, is withdrawn and transferred to the file of the Subordinate Court, Pollachi, to be tried along with H.M.O.P.No.23 of 2009.