T KAMATCHI Vs. S MURALI

JUDGEMENT

(1.) THE petitioner/wife in the Transfer Civil Miscellaneous Petition, residing in Salem and who is the Respondent in H. M. O. P. No. 32 of 2004 on the file of Sub-Judge, Pattukottai for restitution of conjugal rights filed under section 9 of the Hindu Marriage Act by the Respondent, seeking for a transfer of the same from the Sub-Court, Pattukottai to the Family Court at Salem, on the ground of her physical and fiscal difficulty in travelling all the way from Salem to Pattukottai. She is an unemployed person aged 38, living with her younger brother, who is working as a clerk in a private company.

(2.) THE husband, who is Respondent in the Transfer Civil Miscellaneous petition is an employee in the State Government as Village Administrative officer, aged 47, living at Ettivayal Village of Pattukottai.

(3.) UPON hearing the arguments of the learned counsel appearing for either side and also considering the fact that the husband is employed and getting salary; whereas the wife is unemployed and depending upon her brother's meagre income, it is found that there is a valid ground for transfer of the above mentioned proceedings from Sub-Court, Pattukottai to the Family court at Salem, especially when no financial support is offered by the side of the husband for the wife to travel to Pattukottai in attending the proceedings of the Court.