E. SUKANYA Vs. S. CHENNIAPPAN @ MUTHUKRISHNAN

JUDGEMENT

(1.) This petition is filed to withdraw F.C.O.P.No.110 of 2017 pending on the file of the Family Court, Erode and transfer the same to the file of the Subordinate Court, Dharapuram to be tried along with H.M.O.P.No.78 of 2017.

(2.) The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 29.08.2014 at Arulmigu Chennimalai Andavar Temple as per Hindu Rites and Customs. The respondent tortured the petitioner by demanding dowry and hence the petitioner lodged a complaint before Superintendent of Police, Tirupur on 29.08.2016 and filed D.V.A.No.6 of 2016 before the Judicial Magistrate, Kangayam. On coming to know about filing of the D.V.A.No.6 of 2016, the respondent filed F.C.O.P.No.110 of 2017 for restitution of conjugal rights on the file of the Family Court, Erode. The petitioner also filed H.M.O.P.No.78 of 2017 on the file of the Subordinate Court, Dharapuram for divorce on the ground of desertion and cruelty. In the circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition to withdraw F.C.O.P.No.110 of 2017 pending on the file of the Family Court, Erode and transfer the same to the file of the Subordinate Court, Dharapuram, to be tried along with H.M.O.P.No.78 of 2017.

(3.) According to the petitioner, she is residing at Vellakovil along with her parents. She is not having any independent income. The distance between Vellakovil and Erode is more than 100 kms and it is very difficult for her to attend each and every hearing before the Family Court, Erode. The issues in both F.C.O.P.No.110 of 2017 and H.M.O.P.No.78 of 2017 are one and the same and prayed for joint trial before the Subordinate Court at Dharapuram.