G. GAYATHRI Vs. P. JAGAN

JUDGEMENT

(1.) This petition is filed to withdraw G.W.O.P.No.5 of 2018 pending on the file of the Principal District Court, Vellore and transfer the same to the file of the VII Additional Family Court, Chennai.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 10.03.2008. In the wedlock, a male child was born on 20.11.2008. Due to difference of opinion, both of them are living separately. While so, the petitioner filed H.M.O.P.No.232 of 2015 on the file of the III Additional Family Court, Chennai against the respondent for dissolution of marriage, which was subsequently transferred to VII Additional Family Court, Chennai and the same is pending. The respondent entered appearance in H.M.O.P.No.232 of 2015 and filed counter statement. The respondent also filed two applications in I.A.No.2925 of 2016 for visitation right and I.A.No.968 of 2017 for interim custody of minor son for two weeks, during vacation. In I.A.No.2925 of 2016, an order was passed on 15.03.2017, permitting the respondent to have visitation right on second and fourth Saturday of every month at the Child Centre, Family Court Premises, Chennai between 10.00 a.m to 12.30 p.m.

(3.) According to the petitioner, she is working and residing at Chennai. The minor son is residing at Chennai along with her within the jurisdiction of Court at Chennai. The distance between Chennai and Vellore is 135 kilometers. It will be very difficult for her to travel such a long distance to attend each and every hearing along with the minor son. The petitioner has also stated that the evidence to be let in by both the parties in H.M.O.P.No.232 of 2015, M.C.No.214 of 2017, as well as in G.W.O.P.No.5 of 2018 are one and the same and therefore, prayed for transfer of G.W.O.P.No.5 of 2018 pending on the file of the Principal District Court, Vellore to the file of the VII Additional Family Court, Chennai.