K IRENE HILDA MAGDELENE Vs. T FREDISH PAUL

JUDGEMENT

(1.) THE petitioner/wife has filed this transfer civil miscellaneous petition praying this Court to withdraw O.P.No.669 of 2008 from the file of the First Additional Family Court, Chennai and to transfer the same to the Family Court, Coimbatore. Admittedly, the respondent/husband has filed O.P.No.669 of 2008 on the file of the First Additional Family Court, Chennai against the revision petitioner/wife for dissolution of marriage.

(2.) THE grievance of the petitioner/wife is that she has a female child aged about 2 years and they are residing at Coimbatore and she is taking care of herself and the child with the help of her parents and it will be difficult for her to appear before the First Additional Family Court, Chennai with a child for every hearing and for coming to Madras in connection with the Court case, she requires help from other family member to accompany her to come to Chennai and the comparative hardship and the balance of convenience is more in favour of her than that of the respondent/husband and therefore, prays for allowing the transfer civil miscellaneous petition directing the withdrawal of O.P.No.669 of 2008 from the file of First Additional Family Court, Chennai and to transfer the same to the file of Family Court, Coimbatore.

(3.) THE learned counsel appearing for the petitioner produces temporary appointment order dated 13.6.2008 and a perusal of the same indicates that the petitioner/wife has been appointed and designated as a teacher in G.D.Matriculation Higher Secondary School, Coimbatore on a monthly consolidated salary of Rs.6,000/- etc., THE convenience of the parties will have to be taken note of by this Court while dealing with the transfer Civil Miscellaneous Petition. Equally, the Court should not lightly exercise its jurisdiction under Section 24 of CPC as per the decision reported in 1979 (4) SCC 358).