NIVASHINI MOHAN Vs. R NIVENDRAN

JUDGEMENT

(1.) TRANSFER Civil Miscellaneous Petition is filed to withdraw and transfer the H.M.O.P.No,311 of 2008 from the file of the II Additional Family Court, Chennai to the file of the Sub-Court, Chengalpattu to be tried along with H.M.O.P.No,201/2008.) The petitioner/wife has filed this TRANSFER C.M.P.361/2008 praying for issuance of an order by this Court, directing the transfer of HMOP.311/2008 from the fire of the II Additional Family Court, Chennai to the file of the Sub-Court, Chengalpattu to be tried along with HMOP.201/2008.

(2.) THE petitioner/wife in her affidavit in the Transfer Petition has averred that her marriage with the respondent/husband has taken place on 2.7.2006 according to Hindu Rites and Customs at Vemubuli Amman Temple, Aminjikarai, Chennai, though the marriage has been formally registered on 28.06.2006 and later by the threat and compulsion of the respondent/husband registered the marriage at Sub-Registrar Office, Pammal on 26.09.2005 and because of the continuous harassment and demand of dowry by the respondent/husband and his family members, she has faced cruelty and mental agony and that after her marriage, within a short span of three months. She has been driven out of the matrimonial house three times by the family members of the respondent/husband and that she has been compelled to give up her job and that she has been threatened to abort even at the very early stage of her pregnancy and that she has been forced to locate a rented house near her office at Perungudi on intimation to the respondent/husband, as per the advise of the Doctor and that she shifted her residence on 1.12.2006 and that having waited for two months, she sent E-mails to the respondent/husband narrating all the ill-treatments and cruelty meted out to her. THE respondent/husband filed HMOP.352/2007 before the Principal Family Court, Chennai under Section 9 of the Hindu Marriage Act alleging as if the petitioner/wife has refused to join with him and on 18.4.2007, the said HMOP has been dismissed based on the endorsement made by the parties and the respondent/husband has come to Perungudi after three days on 21.04.2007 and that during the said stay of the respondent/husband from 21.04.2007, he has threatened the petitioner/wife to give consent for divorce or comply with the demand of his family members and after the birth of the male child, the respondent/husband with his family members identified a rented house, an unfinished one near his parents residence at Arumbakkam and that she has been asked to vacate the house at Perungudi on 31.07.2007 and that the respondent/husband has brought her and the child to Vandalur at the residence of her parents etc.

(3.) WITH this background, the learned counsel for the petitioner/wife submits that the petitioner/wife has to spend a minimum of 4 hours for her travel from Chengalpattu to the court at Chennai for her appearance and further that as per the Family Court proceedings, the personal appearance of the parties on the date of hearing is mandatory and as such, the wife may not be able to appear before the II Additional Family Court on every hearing date, since she has a child and living near Chengalpattu and therefore prays for allowing the Transfer Original Petition in the interest of justice.