T USHA RANI Vs. G VENKATESAN

JUDGEMENT

(1.) THE petitioner/wife has filed this Tr.C.M.P. to pray for issuance of the order by this Court to withdraw H.M.O.P.No.31 of 2007 from the file of Sub Judge, Mannargudi and to transfer the same to the file of Family Court, Chengalpattu or to any other Court having jurisdiction.

(2.) THE petitioner is the wife of the respondent. THE marriage between the parties has taken place on 19.06.2003 at Vivekanandham - Krishnaveni Marriage Hall, Thiruthuraipoondi according to Hindu rituals. THE petitioner /wife has averred in the transfer CMP inter alia stating that on 23.05.2007 the respondent/husband called her by phone from Thiruthuraipoondi and asked her parents and brother to come down and meet him and they forced them to stay there for 3 days and while her father, her brother visited all her husband's relatives like sister, brother husband and his mother were assembled and waited for her relatives arrival and suddenly, they started quarrel with her father and brother and beaten them and her mother has been injured and she has been taken to the Hospital for treatment and the respondent/husband, fearing legal action on the side of petitioner, has filed a complaint in the police station and admitted himself in Government Hospital etc. and that on 02.07.2007 he has filed H.M.O.P.No.31 of 2007 on the file of Sub Judge at Mannargudi on the ground of cruelty giving the address at Trichirappalli and obtained an order of exparte divorce on 26.11.2007, which she has come to know of the same in January 2008 and she filed I.A.No.24 of 2008 and got the matter restored by means of an order dated 14.08.2008 and the main HMOP is posted to 02.09.2008 for filing her counter statement and that she dependent on her father and brother, who are working at Chennai and her mother is a patient and that she could not travel along with her mother and she has own fear to travel alone to her husband's place and if H.M.O.P.No.31 of 2007 is transferred to the Family Court at Chengalpattu, then it will be quite convenient for her to attend the case and therefore, prays for allowing the transfer CMP in the interest of justice.

(3.) CONTENDING contra, the learned counsel for the respondent/husband submits that the respondent/husband is working as an Office Assistant, Highways Department and he being an Heart Patient, suffering from congenital Heart disease and taking treatment from the Heart Specialist at Thiruvarur, who has advised the respondent/husband not to travel long distances and since Thiruthuraipoondi is more than 300 kilometers from Chengalpattu, it is not equitable for this Court to allow the transfer CMP as prayed for by the wife in the petition.