I. DEVI Vs. R. NAVEEN KUMAR

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.208 of 2017 pending on the file of the III Additional Family Court, Chennai and transfer the same to the file of the II Additional Subordinate Court, Nagercoil.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 18.06.2015 as per Hindu rites and customs. After marriage, both the petitioner and respondent were living in the matrimonial home at Chennai. The respondent and her in-laws started ill-treating the petitioner and they have also demanded dowry and thrown her out from the matrimonial home. Therefore, she went to her parental home at Nagercoil. While so, to her sudden shock and surprise, the respondent sent a notice dated 29.08.2016 calling upon the petitioner to give consent for divorce. On receiving notice, the petitioner along with her parents tried to negotiate with the respondent with the help of their family members and also sent reply notice dated 01.12.2016 to the respondent. While so, the petitioner received summons from the III Additional Family Court, Chennai in H.M.O.P.No.208 of 2017, which was filed by the respondent, for divorce against the petitioner. The petitioner has also filed H.M.O.P.No.24 of 2017 before the II Additional Subordinate Court, Nagercoil, for restitution of conjugal rights against the respondent and the same is pending.

(3.) According to the petitioner, she is residing at Nagercoil in Kanyakumari District along with her aged parents. The distance between Nagercoil and Chennai is nearly 730 kilometers and hence, it is difficult for her to attend the Court proceedings in III Additional Family Court, Chennai, wherein presence of spouse is mandatory for each and every hearing. She has no one to accompany her to travel such a long distance. Further, the petitioner has no independent income and hence, it is difficult for her to meet out the travelling expenses. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.208 of 2017 from the file of the III Additional Family Court, Chennai, to the file of the II Additional Subordinate Court, Nagercoil.