SRINISHAANTHI. K. Vs. K. BOOPAL

JUDGEMENT

(1.) The petition for transfer is filed to withdraw the H.M.O.P.No.83 of 2022 on the file of the Subordinate Court, Sathyamangalam, Erode and transfer to Additional Principal Family Court, Coimbatore.

(2.) The marriage between the petitioner and the respondent was solemnised on 7/5/2022 as per the Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. The petitioner filed H.M.O.P.No.83 of 2022 for Divorce, now pending on the file of Sub Court, Sathyamangalam. Per contra, the petitioner filed Maintenance Case in M.C.No.92 of 2022 on the file of the Additional Family Court, Coimbatore. The petitioner is unemployed and residing along with her parents for her livelihood. Thus, she is not in a position to contest the case filed by the respondent for Divorce in H.M.O.P.No.83 of 2022 on the file of the Subordinate Court, Sathyamangalam.

(3.) The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the three decisions of the High Court of Madras, in the following cases:- (i) The Hon'ble Division Bench of the High Court of Madras in W.A.No.1181 of 2009, dtd. 9/7/2010, wherein in paragraphs-21 and 22, it has been observed as under:-