ARCHANA DEVI Vs. E SRIRAM

JUDGEMENT

(1.) THIS Transfer C.M.P. is filed by one Archana Devi, wife of the respondent herein, seeking transfer of H.M.O.P. No. 407 of 2011 pending on the file of the Sub-Court, Tambaram to any Court at Madurai.

(2.) THE petitioner has sought transfer of the above said H.M.O.P. on the ground that she cannot travel alone from Madurai to Chennai. Yet another ground taken by the petitioner for transfer is that she is compelled to give consent for divorce; therefore, she had filed a petition under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005, before the Judicial Magistrate Court No. II, Madurai; besides, since the petitioner had refused to give consent for divorce, as a counterblast, H.M.O.P. No. 407 of 2011 in filed by the respondent, before the Sub-Court, Tambaram; that apart, to attend the case, she cannot come alone to Chennai; consequently, she has filed this Transfer C.M.P. Based on these submissions, the learned counsel for the petitioner has sought transfer of H.M.O.P. No. 407 of 2011 on the file of the Sub-Court, Tambaram to any Court at Madurai.

(3.) YET another stand taken by the learned counsel for the respondent is that the respondent is willing to bear all the expenses of the petitioner in connection with her attending each hearing of the case if the case is held at chennai. Besides, relying on the following judgments, the further stand of the learned counsel for the respondent is that even as per the orders of the Hon'ble Apex Court, leniency shown with regard to transfer of Family Court matters on the request of ladies is misused by them and based on their request alone, unless there exists a genuine ground, transfer should not be ordered. Gayatri Mohapatra v. Ashil Kumar Panda (2003) 11 SCC 731, (paragraph no. 4)