INDHIRANI @ INDHU Vs. A. SURESH

JUDGEMENT

(1.) This Petition has been filed to withdraw H.M.O.P.No.149 of 2017 pending on the file of the Sub Court, Cheyyar 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 petitioner and respondent was conducted on 12.09.2010 at Mambattu Village, Vandavasi Taluk as per Hindu Rites and Customs. The respondent is working at Chennai. After marriage, both the petitioner and respondent came to Chennai and were residing in Vadapalani, Chennai. In the wedlock, two male children were born. Elder son, Karthick died during Vardha Cyclone in December 2016. 2(a). The Tamilnadu Government gave compensation of Rs. 4,00,000/- for the loss of their son in the name of the petitioner. The said sum of Rs. 4,00,000/- was deposited in the joint name of petitioner and respondent at Indian Bank, Vadapalani Branch in SB Account Number 864169645. Subsequently, the same was deposited in the Fixed Deposit jointly in their name. The Central Government also gave compensation of a sum of Rs. 2,00,000/- and issued cheque in the name of the petitioner. According to the petitioner, the respondent forcefully collected the said cheque and deposited in the fixed deposit in the joint name and withdrew the sum of Rs. 2,00,000/- from the account without her concern. 2(b). At the instigation of the mother and sister of respondent, dispute arose between the petitioner and respondent and the respondent filed H.M.O.P.No.149 of 2017 for divorce before the Sub Court, Cheyyar. The respondent has given address of both the petitioner and respondent as though they are residing in Mampattu Village, Vandavasi Taluk, while both are residing only in Vadapalani, Chennai. The petitioner is working as house-maid and is spending Rs. 1000/- per month towards play school fees for the son. The petitioner is taking steps to file H.M.O.P before Family Court at Chennai against the respondent for restitution of conjugal rights. The petitioner is residing in Vadapalani, Chennai. The distance between Chennai and Cheyyar is more than 110 kms. Hence, it will be very difficult for her to travel such a long distance to attend the Court proceedings for each and every hearing. In the circumstances, she has filed the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.149 of 2017 pending on the file of the Sub Court, Cheyyar to the file of the Family Court, Chennai.

(3.) The learned counsel for the respondent contended that respondent is residing in Vadapalani, Chennai. Their marriage took place at Mambattu Village, Vandavasi Taluk. Hence, the Sub Court, Cheyyar is the competent Court to entertain and decide the H.M.O.P.No.149 of 2017. In the Sub Court, parties need appear for every hearing. It is sufficient if they appear during trial and as and when directed by the learned Judge and prayed for dismissal of the Transfer Civil Miscellaneous Petition.