R. YOGA PRIYA Vs. P. RAJAKANNU

JUDGEMENT

(1.) This petition has been filed by the petitioner/wife to withdraw and transfer the case in H.M.O.P. No. 166 of 2014 pending on the file of the Sub-Court, Uthamapalayam, Theni District, to the file of the Principal Subordinate Court, Madurai, Camp Court, at Melur and consequently, direct the transferee Court to deal with the said case in accordance with law. The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 16.05.2013 as per Hindu rites and customs. After the marriage, both the petitioner and the respondent were residing together at Hosur. A male child was born in the wedlock. Due to misunderstanding, the petitioner left the matrimonial home along with her child and is staying with her parents at Kodikulam Village, Madurai District. While so, the respondent filed H.M.O.P. No. 166 of 2014 on the file of Sub-Court, Uthamapalayam, Theni District, for divorce. The petitioner filed H.M.O.P. No. 376 of 2014 on the file of Sub-Court, Melur, Madurai District, for restitution of conjugal rights.

(2.) According to the petitioner, the distance between Uthamapalayam and Madurai is 110 kilometers and being a lady, it is very difficult for her to attend each and every hearing before the Sub-Court, Uthamapalayam, along with her minor child. In the circumstances, she has come out with the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P. No. 166 of 2014 from the file of Sub-Court, Uthamapalayam, Theni District, to Principal Sub-Court, Madurai, Camp Court at Melur.

(3.) Heard the learned counsel appearing for the parties.