A. KALAIVANI Vs. N. RATHEESH

JUDGEMENT

(1.) The petition for transfer is filed to withdraw and transfer the petition bearing HMOP No.110 of 2022 from the file of the Subordinate Court, Sankari, Salem District to be tried along with HMOP No.158 of 2022, pending on the file of the Subordinate Court, Rasipuram, Namakkal District.

(2.) The marriage between the petitioner and the respondent was solemnised on 3/6/2020 as per the Hindu Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent, now aged about 1 1/2 years. Due to misunderstanding, the petitioner and the respondent are living separately. The petitioner/wife has filed HMOP No.158 of 2022 on the file of the Subordinate Court, Rasipuram, Namakkal District for Divorce and a Maintenance Case in M.C.No.12 of 2022 on the file of the Judicial Magistrate Court, Rasipuram, Namakkal District. Per contra, the respondent/husband filed HMOP No.110 of 2022 before the Subordinate Court, Sankari, Salem District for Restitution of Conjugal Rights. The petitioner is unemployed and residing along with her mother at Rasipuram, Namakkal District. She is depending on her mother for her livelihood and has to take care of 1 1/2 years old male child. Thus, the petitioner/wife is not in a position to spend, travel and contest the case filed by the respondent/husband.

(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:-