M. MADHUMITHA Vs. A. NISHANTH

JUDGEMENT

(1.) This petition is filed to withdraw O.P.No.4278 of 2017 pending on the file of the III Additional Family Court, Chennai and transfer the same to the file of the Family Court, Vellore.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 29.06.2012 as per Hindu rites and customs. After marriage, both the petitioner and respondent were living together in United Kingdom. In the wedlock, a male child was born on 26.06.2013. Due to difference of opinion between the petitioner and respondent, the petitioner left the matrimonial home and is permanently residing with her parents in Vellore along with her minor child. The parents of the petitioner are maintaining the petitioner and her minor child. Earlier, the respondent filed F.C.O.P.No.205 of 2015 for restitution of conjugal rights on the file of the Family Court, Vellore. The said petition was dismissed as not pressed by the respondent on 27.10.2017. The petitioner filed M.C.No.75 of 2017 before the Family Court, Vellore, directing the respondent to pay maintenance to the petitioner and minor child and the same is pending. While so, the respondent filed O.P.No.4278 of 2017 before the III Additional Family Court, Chennai, for dissolution of the marriage on the ground of cruelty knowing fully well that the petitioner is residing at Vellore along with her minor child.

(3.) According to the petitioner, she is residing with her parents at Thorappadi in Velllore, along with her minor child. The distance between Vellore and Chennai is more than 130 kilometers and hence, it is very difficult for her to travel such a long distance along with her minor child, to attend the Court proceedings in Chennai. Further, the petitioner is not having any independent income and she is depending on her parents for her day-to-day expenses including travelling expenses. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer O.P.No.4278 of 2017 from the file of the III Additional Family Court, Chennai, to the file of the Family Court, Vellore, to try along with M.C.No.75 of 2017 pending on its file.