SARAL SATHYA KALA Vs. S. AROKIA RAJ

JUDGEMENT

(1.) This petition is filed to withdraw I.D.O.P.No.40 of 2017 pending on the file of the Principal District Court, Pudukkottai and transfer the same to the file of the Principal District and Sessions Court, Vellore.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnised on 14.12.2009 as per R.C. Christian rites and customs, at St. Antony Church at Eluppur, in Pudukkottai District. After marriage, both were living together at Eluppur in Pudukkottai District. A female child was born on 23.11.2010 in the wed lock. The respondent had illicit intimacy with one Annapapu and the same was questioned by the petitioner and due to the same, the petitioner was driven out from the matrimonial home. At the intervention of the elders of both their families, the petitioner joined with the respondent on 21.10.2013. On 21.03.2014, the respondent made an attempt to kill the petitioner and her child by opening the gas cylinder during night hours. With the help of others, she escaped and left the matrimonial home along with her child. The petitioner gave a complaint before All Women Police Station, Vaniyambadi. The petitioner filed a case in C.C.No.14 of 2015 before the Principal District Munsif-cum-Judicial Magistrate, Vaniyambadi, claiming maintenance. The respondent did not appear before the Court and file counter in C.C.No.14 of 2015. The learned Principal District Munsif-cum-Judicial Magistrate, Vaniyamadi, passed an exparte order on 12.01.2016 directing the respondent to pay the maintenance of Rs. 5,000/- to the petitioner and her child from the date of petition. In order to avoid attachment of salary of the respondent, he has filed I.D.O.P.No.40 of 2017 on the file of the Principal District Court, Pudukkottai, for restitution of conjugal rights.

(3.) According to the petitioner, she is residing along with her minor child in her parental home in Vaniyambadi, Vellore District. The distance between Vaniyambadi and Pudukkottai is more than 500 kilometers. The father of the petitioner is aged about 85 years. No one is available to accompany the petitioner to go to Pudukkottai to attend the proceedings for each and every hearing. In the circumstances, the petitioner has come out with the present Tr.C.M.P. for transfer of I.D.O.P.No.40 of 2017 from the file of the Principal District Court, Pudukkottai, to the file of the Principal District and Sessions Court, Vellore.