M. CHITRA Vs. MAHESHWARAN

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.48 of 2014 pending on the file of the Subordinate Court, Cheyyar, Thiruvannamalai District and transfer the same to the file of the Family Court, Coimbatore, to be tried along with H.M.O.P.No.1424 of 2014.

(2.) The petitioner is wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 05.04.2007 at Arulmigu Nangai Umaiyamman Thirukovil near Peedampalli as per Hindu Rites and Customs. Two female children were born in the wedlock. After the delivery of first child, both the petitioner and respondent were living together at Pappampatti, Coimbatore. After the birth of second child, the respondent demanded more dowry to compensate the loss he suffered in the business. Subsequently, he left the petitioner and took away all her certificates and also sold some household articles. Inspite of the search by the petitioner, the whereabouts of the respondent was not known to her. While so, the respondent sent a notice through his Advocate on 03.07.2014 for dissolution of marriage. The petitioner sent a reply dated 23.07.2014, stating that she is always willing to join with him and filed H.M.O.P.No.1424 of 2014 on the file of the Family Court, Coimbatore for restitution of conjugal rights. The respondent only with an intention to harass the petitioner has filed H.M.O.P.No.48 of 2014 on the file of the Subordinate Court, Cheyyar for divorce.

(3.) According to the petitioner, she is residing at Coimbatore along with her children, getting help from her aged mother. The distance between Coimbatore and Cheyyar is nearly 600 kms. It is very difficult for her to travel such a long distance and spend money to attend each and every Court proceedings at Cheyyar. In the circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.48 of 2014 pending on the file of the Subordinate Court, Cheyyar to the file of the Family Court, Coimbatore to be tried along with H.M.O.P.No.1424 of 2014.