D. KALAISELVI Vs. P. PREMKUMAR

JUDGEMENT

(1.) This petition is filed to withdraw F.C.O.P.No.296 of 2016 pending on the file of the Family Court, Salem and transfer the same to the file of the Principal Family Court, Coimbatore to be tried along with H.M.O.P.No.537 of 2017 and M.C.No.75 of 2017 on the file of the Principal Family Court, Coimbatore.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 26.05.2014 at Arulmighu Kurunthamalai Kulanthai Valathasamy Thirukoil, Karamadai, Coimbatore District. After the marriage, both the petitioner and respondent were living in the petitioner's house. In the wedlock a male child by name Rithikan was born. Due to wordy quarrel, the respondent left the petitioner and is residing with his parents in Salem District. On 18.08.2015, when the petitioner went to the respondent's house, she was forcefully sent out of the matrimonial home. At present, she is residing with her minor child in her parents home in Coimbatore District. While so, the respondent filed F.C.O.P.No.296 of 2016 on the file of the Family Court, Salem for divorce. The petitioner filed H.M.O.P.No.537 of 2017 for restitution of conjugal rights before the Principal Family Court, Coimbatore District and also filed a petition under section 125 of Cr.P.C,, 1973 claiming maintenance in M.C.No.75 of 2017 before the Family Court, Coimbatore.

(3.) According to the petitioner, it is very difficult for her to travel from Coimbatore to Salem for each and every hearing to attend the Court proceedings in F.C.O.P.No.296 of 2016. It takes more than 5 hrs to reach the Family Court at Salem and it is very difficult for her to travel with her minor child all the way. In the circumstances, she has filed the present Transfer Civil Miscellaneous Petition to withdraw F.C.O.P.No.296 of 2016 pending on the file of the Family Court, Salem and transfer the same to the file of the Principal Family Court, Coimbatore to be tried along with H.M.O.P.No.537 of 2017 and M.C.No.75 of 2017 on the file of the Principal Family Court, Coimbatore.