A.G. HAJIRA Vs. MOHAMMED NIYAZI

JUDGEMENT

(1.) This petition is filed to withdraw O.S.No.218 of 2016 pending on the file of District Munsif Court, Panruti and transfer the same to the file of Principal District Court, Chengalpattu, to be tried along with G.W.O.P.No.20 of 2016 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 26.02.2012 as per Muslim rites and customs. In the wedlock, a male child was born on 29.06.2013. Due to difference of opinion, the petitioner and respondent are living separately. The respondent filed O.S.No.218 of 2016 on the file of District Munsif Court, Panruti, against the petitioner for restitution of conjugal rights knowing fully well the respondent has given false address of the petitioner in the suit and obtained exparte order. The petitioner filed I.A.No.76 of 2017 in O.S.No.218 of 2016 to set aside the exparte order and exparte order was set aside. Now O.S.No.218 of 2016 is pending before District Munsif Court, Panruti. The respondent also filed G.W.O.P.No.20 of 2016 before Principal District Court, Chengalpattu, seeking custody of the minor child and visitation right. The petitioner filed F.C.M.M.O.P.No.2 of 2017 for dissolution of marriage before Family Court, Dharmapuri and the said O.P. was decreed exparte. The respondent has not filed any application to set aside the exparte decree.

(3.) According to the petitioner, she has now shifted her residence from Harur to Old Pallavaram and at present, she is working and residing at Chennai. The distance between Chennai and Panruti is more than 120 kilometers and hence, it will be very difficult for her to travel such a long distance to attend the Court proceedings at Panruti. She further stated that the issues involved in O.S.No.218 of 2016 and G.W.O.P.No.20 of 2016 are inter-linked. In the circumstances, she has come out with the present Transfer Petition for transfer of O.S.No.218 of 2016 pending on the file of District Munsif Court, Panruti, to the file of Principal District Court, Chengalpattu, to be tried along with G.W.O.P.No.20 of 2016 pending on its file.