NISHA @ PASAMALAR Vs. SHANKAR

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.118 of 2016 pending on the file of the Subordinate Court, Kancheepuram and transfer the same to the file of the Subordinate Court, Poonamallee.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 20.08.2014 as per Hindu rites and customs. After marriage, both the petitioner and respondent were living together in the matrimonial home at Manimangalam Village, Sriperumpudur Taluk, Kancheepuram District. In the wedlock, a female child was born on 28.02.2015. The respondent harassed the petitioner by demanding dowry. The respondent's brother and mother also abused the petitioner using filthy language. On 29.02.2016, the respondent, his mother and brother assaulted the petitioner and thrown her out from the matrimonial home. She lodged a police complaint before the Manimangalam Police Station. They advised the respondent to lead a peaceful life with the petitioner. But the respondent filed H.M.O.P.No.118 of 2016 on the file of the Subordinate Court, Kancheepuram, for divorce making false allegations.

(3.) According to the petitioner, she is residing at Valasaravakkam in Chennai. The distance between Valasaravakkam and Kancheepuram is 70 kilometers. Hence, it is difficult for her to travel from Valasaravakkam to Kancheepuram along with her minor child to attend the Court proceedings for each and every hearing. She further stated that she has filed a petition under Section 125 Cr.P.C., 1973 on the file of the Judicial Magistrate Court, Poonamallee, claiming maintenance. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.118 of 2016 from the file of the Subordinate Court, Kancheepuram to the file of the Subordinate Court, Poonamallee.