TMT VIJAYA LAKSHMI @ SINDHUJA Vs. R SURESH KUMAR

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed to withdraw the O.P. No. 277 of 2006 from the file of the II Additional Family Court, Chennai and transfer the same to the Subordinate Court, Dindigal.

(2.) According to the petitioner wife, because of the ill-treatment meted out to her by the respondent/husband and it is very unsafe to live along with him, she left the matrimonial home and began to live with her parents at Dindugal along with her twin children. The respondent/husband originally filed O.P. No. 208 of 2005 for restitution of conjugal rights. At the same time, the respondent threatened her with dire consequences if she appears in the court and contest the case. Hence the said O.P. was ordered exparte. The petitioner thereafter filed O.P. No. 41 of 2005 on the file of the Sub court Dindugal under Section 10 of the Hindu Marriage Act for granting judicial separation. But since she wanted to live with the respondent, she withdrawn the said O.P. But as a counterblast to her O.P., the respondent filed O.P. No. 277 of 2006 before the II Additional Family Judge, Chennai for divorce. The first hearing of the case was posted on 10.3.2006. Since already there was a threat from the respondent and also her children were having their annual examination on that day she could not appear and she sent her brother to explain the position. But the family court set her exparte. Thereafter she filed I.A. No. 815 of 2006 to set aside the ex parte order and the same was ordered on 27.3.2006 and again the O.P., was posted to 17.5.2006.

(3.) It is now averred by the petitioner that she is afraid to attend the court at Chennai. She also finds it difficult to all the way come from Dindigul which is about 400 Kms from Chennai to attend the hearing. Further, being unemployed, she is unable to meet the expenses for travelling and staying at Chennai, apart from leaving the two children at Dindigal. Therefore, the petitioner prays that the O.P. filed by the respondent/husband before the Family Court shall be withdrawn and transferred to the Subordinate Court, Dindigal where the O.P., filed by her is pending.