NIRMAL KUMAR PRAKASAM Vs. K. VINDHIYA

JUDGEMENT

(1.) The petition for transfer is filed to withdraw and transfer the H.M.O.P.No.1601 of 2022 on the file of the 2nd Additional Family Judge, Chennai to the file of the Sub-Court, Tambaram.

(2.) The Marriage between the petitioner and respondent was solemnised on 23/5/2021. Due to misunderstanding the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.1601 of 2022 to declare the marriage as null and void, which is now pending on the file of the II Additional Family Court, Chennai.

(3.) The petitioner husband states that he is residing at Madurai and he was advised by the Doctor to take rest, since he is suffering from knee pain. However, the certificate produced by the petitioner reveals that he is now under the physiotherapy and that too for a short duration. That apart, the petitioner is seeking transfer from Chennai to Tambaram, which has no relevance at all. When the petitioner is the resident of Madurai seeking transfer, is only with an idea to dispense with his appearance from conducting the matrimonial proceedings. Such an idea of the litigants cannot be encouraged by the Courts. The relevancy of the transfer is also to be considered and the likelihood would be caused to the other side is to be taken note of.