NAVEENA Vs. R. IYYAPARAJ

JUDGEMENT

(1.) THE petitioner, who is the respondent in FCOP No. 226 of 2014 pending on the file of the Family Court, Salem, has come up with this petition to transfer the same to the Poonamallee Court at Chennai, stating that she is residing within the jurisdiction of Chennai and the distance between both the places is 350 kilometers. Since she is having a child aged about 6 years, it is very difficult for her to travel with her minor child and hence prayed for transfer of the case from Family Court, Salem to Poonamallee Court at Chennai.

(2.) THE respondent/husband has filed a counter stating that the age of the child is 6. Mainly focusing in paragraph 10 of the counter, it was stated that father of the petitioner i.e., the respondent in HMOP, is a very powerful man with deep political connections and hence according to his own claim, wields great influence in Chennai. He has further submitted that the petitioner/wife left the house of the respondent with life threat and he has also given a complaint vide receipt No. 78/2014 before the Inspector of Police, Suramangalam Police Station, hence he prayed for dismissal of this petition.

(3.) AS per the dictum of the Apex Court, since merely the husband or the wife receiving life threat will not be a reason for allowing or denying the transfer. But in that case, wife left the matrimony home, then only complaint was given at husband's place. So I am of the view that the distance between the places is about 350 kilometers, so it is a fit case for ordering for withdrawal of FCOP 226 of 2014 pending on the file of the Family Court, Salem and transfer the said FCOP to the file of the III Additional Family Court, Chennai for disposal in accordance with law. The Presiding Officer of the Family Court, Salem is directed to transmit the records within 15 days from the date of receipt of a copy of this order.