J. KALPANA Vs. K. JAYAKUMAR

JUDGEMENT

(1.) The petition for transfer is filed to withdraw and transfer the petition bearing HMOP No.76 of 2021 from the file of the Subordinate Court, Palladam, Thiruppur District to the file of the Subordinate Court, Pollachi, Coimbatore District.

(2.) The marriage between the petitioner and the respondent was solemnised on 18/11/2004 as per the Hindu Rites and Customs. One female child was born from and out of the wedlock between the petitioner and the respondent and aged about 17 years. Due to misunderstanding, the petitioner and the respondent are living separately. The respondent/husband filed HMOP No.76 of 2021 before the Subordinate Court, Palladam, Thiruppur District for Dissolution of Marriage. Per contra, the petitioner/wife has filed HMOP No.243 of 2021 on the file of Subordinate Court, Pollachi, Coimbatore District for Divorce and Permanent Alimony. The petitioner/wife is unemployed and residing along with her parents at Pollachi, Coimbatore District. Further, she is depending on them for her livelihood and looking after her daughter. Thus, she will not be 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:-