SARANYA Vs. A. SABARISON

JUDGEMENT

(1.) The wife in a matrimonial proceedings has preferred the above Transfer Civil Miscellaneous Petition seeking transfer of G.W.O.P. No.6 of 2017 pending on the file of the Principal District Court, Thiruchirapalli, to the Principal District Court, Villupuram.

(2.) The respondent/husband has filed H.M.O.P. No.385 of 2016 on the file of the Subordinate Court, Thiruchirapalli, which is pending. The petitioner/wife has filed H.M.O.P. No.13 of 2017 for divorce on the file of the Subordinate Court, Villupuram, which is also pending. It is stated in the affidavit filed in support of the petition that the petitioner/wife had to pass through rough weather in the matrimonial life. The marriage was admittedly solemnised in Villupuram. After the marriage, the petitioner husband had lived in Raigarh, Chattisgarh, where he was employed. Later, the respondent had been in Sri Harikota and joined another company in Uttar Pradesh. Later on, he returned to Thathayangarpettai, Thiruchirapalli. 2. 1. It is specifically stated in the affidavit that the respondent had been harassing the petitioner in many ways from the date of the marriage. She had been insulted, abused and was demanded to pay money from her family. Unable to tolerate the insult and ill-treatment, it is stated that the petitioner/wife had returned to her parents house in Villupuram. Even there, the respondent/husband came and assaulted the father of the petitioner and abducted the minor son, which was only four years old. Though a police complaint was given, it was later not pressed. Therefore, it is the specific case of the petitioner that she was forced to live in the parental house to safeguard herself from the physical assault inflicted on her by the respondent/husband. 2. 2. In paragraph 11 of the affidavit, it is stated that she is now permanently living in Villupuram with her minor son under the care and custody of her parents. As the GWOP has been filed before the District Court, Thiruchirapalli, the petitioner has expressed her difficulty in travelling about more than 165 kilometers, with minor child, besides apprehending danger in the hands of the respondent/husband. Hence, the transfer has been sought for.

(3.) The petition was resisted by the respondent/husband by filing a counter affidavit. It is contended that only the Principal District Court at Thiruchirapalli is competent to try the GWOP, as the cause of action arose only within the jurisdiction of the said Court. It is further stated that before removal from Thiruchirapalli, the minor child was ordinarily residing there. Hence, only the District Court Thiruchirapalli, has got jurisdiction. Learned counsel appearing for the respondent/ husband also placed reliance on Sandhiya v. D.Gunasekaran, 2010 5-L.W. 1023. Reliance was also placed on V.N.Sudanandan v. Dr.Chitra, 1999-2-L.W. 370.