MINOR VIJAYA GANAPATHY Vs. SIVAGANESAN

JUDGEMENT

(1.) This petition is focussed to to withdraw the case in H. M. O. P. No.99 of 2006 pending on the file of the Principal Sub-Court, Kumbakonam and transfer the same to the file of Subordinate Court, Mayiladuthurai.

(2.) Heard both sides.

(3.) A re'sume' of facts absolutely necessary and germane for the disposal of this Transfer Civil Miscellaneous Petition would run thus: the husband filed H. M. O. P. No.99 of 2006 before the Principal Sub-Court, kumbakonam for divorce. It is the contention of the wife that she is residing with her parents within the jurisdiction of the Sub-Court Mayiladuthurai and accordingly she finds it difficult to go over to Kumbakonam leaving behind her two minor children in the custody of her parents and hence she prays for the transfer of the HMOP No.99 of 2006 from Pincipal Sub-Court Kumbakonam to subordinate Court Mayiladuthurai. Whereas, on the husband's side it is contended that the matter is not pending before the Family Court but only before the principal Sub-Court, Kumbakonam, where the wife is not expected to attend the court on all hearings and it would be sufficient for her to attend the Court only during the trial and that the husband is also willing to bear the to and fro expenses and her other incidental expenses on the dates of hearing, whenever she appears before the Principal Sub-Court, Kumbakonam.