S.SUBATHIRA Vs. K.PERIYASAMY

JUDGEMENT

(1.) The marriage between the petitioner and respondent has been solemnized on 02.11.2011 at Uluppagudi Village in Natham Taluk as per the Hindu rites and customs. Due to strained relationship between the parties, the petitioner was forced to leave the matrimonial home and now she is living along with her parents. Out of the wedlock, a female child was born to her and now the child is in the custody of the petitioner. The petitioner is unemployed not having independent source of income and living with the support of her parents. The respondent filed H.M.O.P.No.9 of 2016 before the Sub Court, Sivagangai for divorce. Counsel for the petitioner represented that the petitioner has filed H.M.O.P.No.1117 of 2016 before the Subordinate Court, Dindigul for restitution of conjugal rights. The petitioner is unable to spend and travel to defend the case effectively at Sivagangai. This apart she is having a female child aged 4 years and she is not in a position to bring the child with her to Sivagangai often to defend the case. Therefore, she has filed the present petition for transfer.

(2.) The learned counsel for the respondent objected the petition by stating that it is the petitioner who left the matrimonial home on her own volition and not at the instance of the respondent and she is very well in a position to contest the case at Sivagangai and the present petition is filed only to harass the respondent.

(3.) Considering the arguments and the counter arguments of the respective counsels, this Court is of the opinion that the principles regarding transfer petitions, more specifically in the matters of matrimonial cases in respect of women, are well settled through the decisions of the High Court of Madras, in the following cases:-