T VIJAYA PONNAMMAL Vs. R SUBBAIAH

JUDGEMENT

(1.) THE petitioner/respondent/wife has filed the present Transfer C.M.P.No.383/2007 praying for issuance of an order by this Court to withdraw and transfer the H.M.O.P.No.517/2007 from the file of Family Court, Coimbatore to the file of Sub-Court, Thoothukudi.

(2.) THE petitioner/wife in the affidavit filed in support of the Transfer C.M.P. interalia averred that her marriage with the respondent/husband has been solemnized on 5.6.2000 at Mudivaithanendal Village near Thoothukudi and after the marriage she has been living with the respondent/husband and because of her ill-health she has gone to her parents' house for taking treatment for Pancreatic Head Calculus with Obstructive Jaundice and also for upper abdominal pain etc and therefore it is not possible for her to undertake the travelling all the way from Mudivaithanendal to Coimbatore which is about more than 400 kms and if she is to attend the hearing of the case at Coimbatore then somebody in the family has to accompany her and the fact is that no one is there in her family to accompany her and more further she has no separate income to meet out the travel expenses and therefore prays for allowing the Transfer C.M.P., in the interests of justice.

(3.) FROM the typed set of papers filed on behalf of the petitioner/wife it is evident that the petitioner/wife has got some ailment connected with abdomen pain etc., Generally speaking, as per section 24 of the Code of Civil Procedure when a Court of law deals with the transfer application of the wife, the convenience of wife must be taken as a prime consideration. Of course, the ultimate aim of a court of law is to deliver justice to parties.