J. NISHA Vs. SYED AMZETH

JUDGEMENT

(1.) The petition for transfer is filed to withdraw and transfer the O.S.No.41 of 2022 pending on the file of the Family Court, Pondicherry to be tried along with M.C.No.189 of 2022 pending on the file of the Family Court, Madurai.

(2.) The marriage between the 1st petitioner and the respondent was solemnised on 28/3/2021 as per the Muslim Rites and Customs. One female child was born from and out of the wedlock between the petitioner and the respondent and now aged about 1 year. Due to misunderstanding the 1st petitioner and the respondent are living separately. The 1st petitioner/wife has filed a Maintenance Case in M.C.No.189 of 2022 on the file of the Family Court, Madurai. The respondent/ husband filed O.S.No.41 of 2022 before the Family Court, Pondicherry for Divorce. The 1st petitioner/wife is unemployed and residing along with her parents at Madurai and depending on them for her livelihood. Further, she has to take care of the one year old female child. Thus, the 1st petitioner is not in a position to spend, travel and contest the case filed by the respondent/ husband.

(3.) This Court is of the considered opinion that the disputes are no way connected with the maintenance of a minor child. Dispute between the husband and wife is to be resolved in the manner known to law or they can go for Conciliation for reunion or otherwise. However, the interest of the minor child is of paramount importance and the Courts are bound to protect the interest of the minor children at all circumstances.