M. GIRIJA Vs. KALISURESH

JUDGEMENT

(1.) Short facts as narrated by the petitioner is that the marriage between the petitioner and the respondent was solemnized on 07.11.2011 at Arulmigu Subramania Swamy Temple, Tiruchendur, as per the Hindu rites and customs. After two months, the matrimonial relationship between the petitioner and the respondent was strained and they were separated. Subsequently, the petitioner/wife filed HMOP.No.12 of 2015, under Section 9 of the Hindu Marriage Act, 1955, before the Additional Sub Court, Tirunelveli, seeking the relief of restitution of conjugal rights against the respondent. The said case was adjourned for enquiry and the respondent also filed the counter affidavit.

(2.) During the pendency of the above HMOP.No.12 of 2015, the respondent filed HMOP.No.99 of 2015 before the Sub Court, Tuticorin, under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking the relief of divorce. Further, it is contended by the petitioner that she is now under the care and custody of her aged father and mother and registered a complaint against the respondent and his family members. Therefore, she cannot frequently travel to Tuticorin for each and every hearing and it will cause great hardship and difficulty to her and accordingly, sought for transfer of HMOP.No.99 of 2015 on the file of the Sub Court, Tuticorin, to the Additional Sub Court at Tirunelveli.

(3.) The respective counsels both for the petitioner and the respondent advanced their respective arguments.