JAYASUDHA Vs. MOORTHY

JUDGEMENT

(1.) The petition for transfer is filed to withdraw the H.M.O.P.No.20 of 2019 pending before the Sub Court, Palacode and transfer the same to the Sub-Court, Uthangarai and to be tried along with H.M.O.P.No.92 of 2022.

(2.) The marriage between the petitioner and the respondent was solemnised on 17/10/2013 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.20 of 2019 for divorce on the file of the Sub Court at Palacode. The petitioner states that she filed H.M.O.P.No.92 of 2022 before the Sub Court, Uthangarai. The petitioner is residing along with her parents and she is unemployed. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent.

(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:-