SARALA Vs. PUSHPARAJ

JUDGEMENT

(1.) THIS transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw, I.D.O.P.No.28 of 2009, pending on the file of the Principal District Court, Vellore, and to transfer the same to the file of the I Additional Family Court, Chennai.

(2.) THE petitioner has stated that the marriage between the petitioner and the respondent had taken place, on 27.12.1996. Two male children were born out of the wedlock. THEreafter, the respondent had started illtreating the petitioner. THE respondent, on many occasions, used to confine the petitioner in a small dark room for a few days, without allowing the petitioner to move outside. Due to the illtreatment and torture meted out by the respondent, the petitioner had suffered, both mentally and physically. It had also been stated that, on 26.6.2006, the petitioner had been driven out of the matrimonial home, leaving the children behind. She was not allowed to see her children. THE petitioner is living with her sick and aged mother. THE petitioner has no permanent income and she is dependent on the income of her mother, even to meet her basic expenses.

(3.) IT has also been stated that since, the marriage between the petitioner and the respondent had taken place at Vellore, and as they had lived together, after the marriage, at Vellore, the respondent had filed I.D.O.P.No.28 of 2009, before the appropriate Court, at Vellore. IT has also been stated that the I Additional Family Court, Chennai, has no jurisdiction to entertain M.C.No.558 of 2009, as no part of the cause of action had taken place, within the jurisdictional limits of the Family Court at Chennai. Since, the transfer civil miscellaneous petition filed by the petitioner, is devoid of merits, it is liable to be dismissed.