K NAGARAJAN Vs. C R KARPAGAM

JUDGEMENT

(1.) THIS transfer civil miscellaneous petition has been filed, praying that this Court may be pleased to withdraw H.M.O.P.No.447 of 2008, pending on the file of the Family Court, Coimbatore and to transfer the same to the II Additional Family Court, Chennai.

(2.) THE petitioner has stated that he had married the respondent, on 27.10.2006, at Coimbatore, according to Hindu rites and customs. THEreafter, the petitioner had been subjected to extreme cruelty by the respondent and she had refused to have conjugal relationship with the petitioner. THE marriage between the petitioner and the respondent had broken down, irretrievably, due to the cruelty meted out by the respondent towards the petitioner. THErefore, the petitioner had filed O.P.No.172 of 2008, before the II Additional Family Court, Chennai, for dissolution of marriage, under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955.

(3.) IT has also been submitted that the respondent is a poor lady, having no independent income. She is living with her aged mother, at Coimbatore. In such circumstances, it would not be possible for her to attend the hearings before the Family Court, at Chennai, if H.M.O.P.No.447 of 2008, is withdrawn and transferred to the file of the Family Court, Chennai.