G. INDHUMATHI Vs. A. VARADHARAJ

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.107 of 2017 pending on the file of the Sub Court, Harur and transfer the same to the file of the Family Court, Erode or Sub Court, Tiruchengode.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 05.03.2012 as per Hindu rites and customs. In the wedlock, a female child was born on 28.02.2013 and the child died on 14.04.2017. The respondent and his family members demanded more dowry from the petitioner, ill-treated her and prevented her from talking to her parents. Therefore, she left the matrimonial home and is living along with her parents at Tiruchengode. The respondent filed H.M.O.P.No.107 of 2017 on the file of the Sub Court, Harur, for divorce against the petitioner.

(3.) According to the petitioner, she is residing along with her parents at Tiruchengode. The distance between Tiruchengode and Harur is more than 350 kilometers up and down and hence, it will be very difficult for her to travel such a long distance to attend each and every hearing at Harur. The petitioner has also stated that she is afraid of attending the Court at Harur, due to the threat made by the respondent. As per an amendment to Section 19(iii)(a) of the Hindu Marriage Act, the residence of wife must be given preference. For the above reason, the petitioner has come out with the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.107 of 2017 pending on the file of the Sub Court, Harur, to the file of the Family Court, Erode or Sub Court, Tiruchengode.