LAWS(MAD)-2018-4-1175

D. VIJAYALAKSHMI Vs. M. RAJESH

Decided On April 05, 2018
D. Vijayalakshmi Appellant
V/S
M. Rajesh Respondents

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.10 of 2015 pending on the file of the Subordinate Court, Gingee and transfer the same to the file of the III Family Court, Chennai.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 23.05.2013 as per Hindu rites and customs. After marriage, both were living together in the matrimonial home at Sepettai, Gingee Taluk, Villupuram District. The respondent has tortured the petitioner by demanding dowry. The petitioner lodged a police complaint against the respondent, his father, mother and other relatives before the Inspector of Police, Nallanpillaipetral Police Station on 18.11.2014 and the same was registered in Crime No.144/2014. The petitioner filed H.M.O.P.No.3214 of 2015 for divorce against the respondent and also filed M.C.No.57 of 2016 under Section 125 Cr.P.C., 1973 claiming maintenance on the file of the III Additional Family Court, Chennai and the same are pending. While so, the respondent filed H.M.O.P.No.10 of 2015 on the file of the Subordinate Court, Gingee, for divorce, in order to harass the petitioner.

(3.) According to the petitioner, she is residing at Chennai and hence, it is difficult for her to travel from Chennai to Gingee for each and every hearing. Further she has no independent income to meet out the travelling expenses. In the circumstances, the petitioner has come out with the present Tr.C.M.P. for transfer of H.M.O.P.No.10 of 2015 from the file of the Subordinate Court, Gingee to the file of the III Additional Family Court, Chennai, to be tried along with H.M.O.P.No.3214 of 2015 and M.C.No.57 of 2016 filed by the petitioner.