S. UMA MAHESHWARI Vs. A. MADHAVAN

JUDGEMENT

(1.) The petition for transfer is filed to withdraw the HMOP No.3323 of 2019 pending on the file of the I Additional Court at Chennai and transfer the same to the Family Court at Vellore.

(2.) The marriage between the petitioner and the respondent was solemnised on 18/6/2007 as per the Hindu Rites and Customs. Two children were born from and out of wedlock between the petitioner and the respondent and they are studying in school presently at Vellore. Both the children are now living with the petitioner. Due to misunderstanding, the petitioner and the respondent are living separately. The learned counsel for the petitioner mainly contended that the petitioner having no other remedy, left the place of the respondent and now residing along with her parents with minor children and the children are now studying at Vellore. The children are aged about 14 and 11 years respectively. She has to take care of the children and the respondent filed HMOP No.3323 of 2019 now pending before the I Additional Family Court at Chennai. The Petitioner filed MC. No. 462 of 2021 claiming maintenance for the children and the said maintenance petition is also pending before the I Additional Family Court at Chennai. The learned counsel for the petitioner states that the petitioner is not in a position to travel all along from Vellore to Chennai to contest the case as she has to take care of her two children, who are now school going.

(3.) The learned counsel for the respondent raised an objection by stating that the petitioner all along was residing at Chennai and now she wrongly states that she is residing at her parents house at Vellore. She filed a Maintenance Case at Chennai and the address stated in the petition is also Anna Nagar, Chennai. While so, the present transfer petition is filed in order to harass the petitioner and thus the petition is to be rejected.