NITHYA Vs. NIRMALRAJ

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.86 of 2016 pending on the file of the Subordinate Court, Tambaram and transfer the same to the file of the Subordinate Court, Cheyyar, to try along with H.M.O.P.No.21 of 2018 pending on its file.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 21.08.2015 as per Hindu rites and customs. After marriage, both the petitioner and respondent were living together in the matrimonial home in Chennai along with the parents of the respondent. The respondent got appointment in a reputed Software Company in a responsible post after marriage. After his appointment, he changed his attitude and subjected the petitioner for cruelty. The respondent in the month of February 2016 informed the petitioner that he has to proceed to Bangalore for his employment. Thereafter, the respondent left the petitioner in her village, but he did not take back her to the matrimonial home. The respondent filed H.M.O.P.No.86 of 2016 on the file of the Subordinate Court, Tambaram, declaring the marriage held between the petitioner and respondent as null and void, against the petitioner making false allegations. The petitioner also filed H.M.O.P.No.21 of 2018 before the Subordinate Court, Cheyyar, against the respondent for restitution of conjugal rights.

(3.) According to the petitioner, she belongs to lower middle class family and she is staying in a Village, which is seven kilometers from Cheyyar. The distance between Cheyyar and Tambaram is more than 80 kilometers and hence, it is very difficult for her to travel such a long distance to attend the Court proceedings at Tambaram. Further, she is not having any independent income for her day-to-day expenses including travelling expenses. She is also taking steps to file an application claiming maintenance against the respondent. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.86 of 2016 pending on the file of the Subordinate Court, Tambaram, to the file of the Subordinate Court, Cheyyar, to try along with H.M.O.P.No.21 of 2018 pending on its file.