M. KARTHIGA Vs. V. JAIGANESH

JUDGEMENT

(1.) This petition is filed to withdraw H.M.O.P.No.479 of 2017 pending on the file of the Sub-Court, Tambaram and transfer the same to the file of the Sub-Court, Nagapattinam, to try along with H.M.O.P.No.175 of 2017 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 16.05.2013 as per Hindu rites and customs. After marriage, both the petitioner and respondent were living together in the matrimonial home at Chennai. In the wedlock, a male child was born on 13.04.2015. The respondent and his family members ill-treated the petitioner and therefore, she left the matrimonial home along with the minor child. The respondent has filed H.M.O.P.No.479 of 2017 on the file of the Sub-Court, Tambaram, for restitution of conjugal rights, against the petitioner. The petitioner has filed H.M.O.P.No.175 of 2017 on the file of the Sub-Court, Nagapattinam, for divorce against the respondent.

(3.) According to the petitioner, she is residing in Nagapattinam along with her parents and minor child. The distance between Nagapattinam and Tambaram is more than 300 kilometers and hence, it is very difficult for her to travel such a long distance to attend the Court proceedings at Tambaram, along with her minor child. Further, she is depending on her parents for her day-to-day expenses including travelling expenses. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.479 of 2017 pending on the file of the Sub-Court, Tambaram, to the file of the Sub-Court, Nagapattinam, to try along with H.M.O.P.No.175 of 2017 pending on its file. The petitioner has also made various averments in the petition on merits.