PADMA PRIYA Vs. RAJESHWARAN

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.9 of 2017 pending on the file of the Subordinate Court, Palani and transfer the same to the file of the II Additional Subordinate Court, Coimbatore.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 07.06.2012 at Palani Thiru Avinankudi Temple, Palani as per Hindu rites and customs. After marriage, the petitioner and respondent were living together in the matrimonial home at Palani. A male child was born on 14.06.2013 in the wedlock. On 27.08.2013, the respondent brutally assaulted the petitioner when she asked to give her mobile phone to speak with her parents. Therefore, on 28.08.2013, the mother of the respondent sent the petitioner to her mother's home along with child. After that, due to health issues of the respondent, the petitioner agreed to join with him and went to matrimonial home at Palani during the month of February 2014. Unable to bear the cruelties and the torture given by the respondent, the petitioner left the matrimonial home on 10.03.2014. Thereafter, the steps taken by the parents of the petitioner and relatives went in vain and hence petitioner filed H.M.O.P.No.163 of 2016 on the file of the II Additional Subordinate Court, Coimbatore against the respondent for divorce, on the ground of cruelty and the same is pending. While so, the respondent filed a petition in H.M.O.P.No.9 of 2017 for restitution of conjugal rights on the file of the Subordinate Court, Palani, Dindigul District.

(3.) According to the petitioner, she is a poor lady residing at Coimbatore. The distance between Coimbatore and Palani is more than 100 kms and it is very difficult for her to travel from Coimbatore to Palani along with her minor child for each and every hearing in H.M.O.P.No.9 of 2017. In the circumstances, she has filed the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.9 of 2017 pending on the file of the Subordinate Court, Palani, Dindigul District to the II Additional Subordinate Court, Coimbatore to be tried along with H.M.O.P.No.163 of 2016 filed by the petitioner.