BABY CHITRA Vs. K RADHAKRISHNAN

JUDGEMENT

(1.) The above petition has been filed praying to withdraw O.P.No.1456 of 2003 from the file of the Principal Family Court, Chennai and transfer the same to the Family Court, Madurai.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the parties are wife and husband and that the respondent herein has filed the O.P.No.1456 of 2003 on the file of the Principal Judge, Family Court, Chennai seeking divorce from his wife/the petitioner herein and during pendency of the said proceedings, the wife has come forward to file the above transfer C.M.P. on grounds that she was thrown out of the matrimonial home and now she is residing with her parents at Madurai along with her four years old child and she has to travel to Chennai from Madurai to attend every hearing during which time she needs assistance from her parents and having no source of income, she is depending on her parents for her day-to-day expenses and on such grounds, she would pray for the transfer of the said case.

(3.) The learned counsel appearing on behalf of the respondent, though has no objection to transfer the case from Chennai to Madurai as sought for, he has very serious objection to offer regarding the averments and the allegations made in the petition for transfer. Of course, they are subject to an order passed in the main O.P. and the parties could contest the same in the main O.P. itself. So far as the transfer of the main O.P. filed by the husband in the Family Court, Madras seeking divorce is concerned, it is only desirable to transfer the same to the Family Court, Madurai since the petitioner is the permanent resident of Madurai and it is also not fair on the part of the Court to order a lady to travel such a long distance for showing appearance on each and every hearing and the feasibility is only to have the case decided by a Court of her own place and hence it is only desirable to transfer the case from Family Court, Chennai to Madurai Family Court, as it is prayed for on the part of the petitioner.