M. PRABHA Vs. ELANGOVAN

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.293 of 2016 pending on the file of the III Sub Court, Madurai (Camp Court at Usulampatti) and transfer the same to the file of the Family Court at Chennai.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 29.11.2009 as per Hindu Rites and Customs. In the wedlock, a male child was born physically handicapped on 11.11.2011. When the son was about 4 years, the respondent did not take any steps to get the child admitted in a School. The petitioner borrowed money and got admission for the child at Sree Shankara Vidayalaya, Thiruvottiyur, Chennai in the year 2015-2016. While so, the respondent left the matrimonial home and stayed with his parents at Usulampatti. 2(a). On 13.07.2016, the respondent came to the petitioner's rented house and brutally beaten her and threatened to kidnap the child from School. Hence, she lodged a complaint before the Inspector of Police, H8 Thiruvottiyur Police Station in CSR No.217/2016. The petitioner also filed D.V.C.No.11 of 2016 under Domestic Violence Act and the same is pending before the Judicial Magistrate Court, Thiruvottiyur. To escape from the Criminal case, the respondent has filed H.M.O.P.No.293 of 2016 before the III Sub Court, Madurai (Camp Court, Usulampatti).

(3.) According to the petitioner, she is now residing at Thiruvottiyur, Chennai. The distance between Thiruvottiyur and Madurai is more than 500 kms. Since the minor son is 7 years and he is studying I standard in C.S.I St.Thomas Nursery and Primary School, T.H.Road, Thiruvottiyur, Chennai, it will be very difficult for the petitioner to travel such a long distance to attend each and every hearing along with the physically handicapped minor son. In the said circumstances, she has filed the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.293 of 2016 from the file of the III Sub Court, Madurai (Camp Court at Usulampatti) to the Family Court at Chennai.