K. CHITRA Vs. S. ILAYARAJA

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.77 of 2017 pending on the file of the Subordinate Court, Harur, Dharmapuri District and transfer the same to the file of the Family Court, Chennai.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 17.06.2005 as per Hindu rites and customs. In the wedlock, two children were born. Due to the cruelty committed by the respondent, the petitioner left the matrimonial home and filed a petition against the respondent under Domestic Violence Act in D.V.C.No.182 of 2017 and the same is pending on the file of the Mahila Court, Allikulam, Egmore, Chennai. The said case was taken on file in S.C.No.249 of 2014 and the respondent was convicted for the offence under Sections 498A and 323 I.P.C. Challenging the same, the respondent filed Crl.A.No.307 of 2016 before this Court. The petitioner also filed Crl.A.No.478 of 2017 for enhancement of punishment and acquittal of respondent under Section 307 I.P.C. and the same are pending. In order to harass and revenge the petitioner, the respondent filed H.M.O.P.No.77 of 2017 under Section 13(1)(ia) of the Hindu Marriage Act, before the Subordinate Court, Harur, Dharmapuri District for divorce, against the petitioner making false allegations.

(3.) According to the petitioner, she is residing at Selavoyal in Chennai along with her children and aged parents. Her daughter is studying in VIth standard and son is studying in L.K.G. in Donbosco School, Chennai. The distance between Chennai and Harur is more than 350 kilometers and hence, it is very difficult for her to travel such a long distance to attend the Court proceedings at Harur. The respondent is working in a Transport Department and it will not be difficult for him to travel from Harur to Chennai. The respondent has also appeared before this Court in Criminal Appeal filed by him as well as in the Criminal Appeal filed by her. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.77 of 2017 pending on the file of the Subordinate Court, Harur, Dharmapuri District, to the file of the Family Court, Chennai.