S. KAVITHA Vs. S.V. SURESH

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.1083 of 2016 pending on the file of the IV Additional Family Court, Chennai and transfer the same to the file of the Subordinate Court, Tindivanam.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 22.08.2005 as per Hindu rites and customs. After marriage, both were living together in the matrimonial home in Chennai. In the wedlock, two female children and one male child were born. Thereafter, the respondent had started harassing the petitioner at the instigation of his mother and his family members and thrown her out from the matrimonial home on 02.12.2014. On 03.12.2014, the petitioner lodged a complaint before the W-18, All Women Police Station, Bharathi Nagar, Chennai and C.S.R. also issued. The petitioner also filed D.V.No.1 of 2016 against the respondent before the Judicial Magistrate's Court No.I, Tindivanam and the same is pending. While so, the respondent filed H.M.O.P.No.1083 of 2016 on the file of the IV Additional Family Court, Chennai, for divorce, making false allegations against the petitioner.

(3.) According to the petitioner, she is residing at Tindivanam, Villupuram District. The distance between Tindivanam and Chennai is more than 125 kilometers and hence, it is difficult for her to travel such a long distance to attend the Court proceedings in Chennai, wherein presence of spouse is mandatory for each and every hearing. The respondent is an influential person and hence, she apprehends that the respondent and his family members will give trouble to her, when she attends the Court proceedings in Chennai. Further, she has no one to accompany her to travel such a long distance and she has no independent income to meet out the travelling expenses. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.1083 of 2016 from the file of the IV Additional Family Court, Chennai, to the file of the Subordinate Court, Tindivanam.