N. DEVI Vs. P. RAJA

JUDGEMENT

(1.) The petition for transfer is filed to withdraw the case in H.M.O.P.No.535 of 2022, on the file of Hon'ble Principal Family Court, Coimbatore and transfer the same to the Sub-Court, Udumalpet, Tiruppur District for joint trial in H.M.O.P.No.224 of 2022.

(2.) The marriage between the petitioner and the respondent was solemnised on 5/9/2016 as per the Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. One male child was born from and out of the wedlock between the petitioner and the respondent. The respondent/husband has filed H.M.O.P.No.535 of 2022 for divorce on the file of the Principal Family Court, Coimbatore. Per contra, the petitioner/wife has filed H.M.O.P.No.224 of 2022 for Restitution of Conjugal Rights. The petitioner is unemployed and she is residing along with her parents at Udumalpet, Tiruppur District and depending on them for her livelihood. Further, she has to take care of the minor child. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent in HMOP No.535 of 2022 on the file of the Principal Family Court, Coimbatore.

(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:-