B SUCHITRA Vs. M JAYASIMMON

JUDGEMENT

(1.) The husband who file H.M.O.P. No. 236 of 2009 on the file of the Principal Sub-Court, Erode seeking restitution of conjugal rights has filed the Tr.C.M.P. Nos. 11, 12 and 13 of 2010 seeking transfer of the cases in M.C. No. 97 of 2009, H.M.O.P. No. 588 of 2009 and G.W.O.P. No. 974 of 2009 pending on the file of the Family Court, Coimbatore to the file of Principal Sub-Court, Erode for disposal according to law. The wife who has filed M.C. No. 97 of 2009 praying for maintenance, H.M.O.P. No. 588 of 2009 praying for judicial separation and G.W.O.P. No. 974 of 2009 praying to appoint her as Guardian for the minor child, filed Tr.C.M.P. No. 458 of 2009 seeking transfer of the case filed by her husband in H.M.O.P. No. 236 of 2009 pending on the file of Principal Sub-Court, Erode to the file of the Family Court, Coimbatore.

(2.) The husband has contended in Tr.C.M.P. No. 11, 12 and 13 of 2010 that treatment was given to the child afflicted with autism only at Erode during the happy married life spent by the husband and wife. Even after the wife started residing at Erode, the child had to be brought to Krithika Speech Centre at Erode twice a week for the purpose of giving speech therapy to the child. Therefore, the wife can come down along with the child afflicted with autism to Erode and join the husband or have a separate house at Erode for the welfare of the child. Since the health condition of the child has deteriorated, the husband seeks transfer of all the cases pending on the file of Family Court, Coimbatore to the file of the Principal Sub-Court, Erode.

(3.) The Wife has contended that due to cruelty committed by the husband, she and her son have taken refuge in her maternal grandfather's house at Coimbatore. It is submitted that it is well high impossible for the wife to attend the hearings before the Court at Erode. It is further contended that she cannot undertake her journey leaving her minor son in the lurch.