VIDHYAYINI Vs. SELVAM

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of H.M.O.P.No.225 of 2017 from the file of the Subordinate Court, Kovilpatti to the file of the Subordinate Court, Mudhukulathoor and to try along with H.M.O.P.No.5 of 2018 pending before the Sub Court, Mudhukulathoor.

(2.) It is stated in the petition that the marriage between the petitioner and the respondent was solemnized on 08.09.2014. After marriage, both of them lived happily for some time and they blessed with a female child and the child is now aged about 3 1/2 years. Later, due to misunderstanding, the respondent herein / husband of the petitioner has filed H.M.O.P.No.225 of 2017 before the Sub Court, Kovilpatti, seeking divorce with the false allegations. Subsequently, the petitioner / wife filed H.M.O.P.No.5 of 2018 for restitution of conjugal rights before the Sub Court, Mudhukulathoor. The grievance of the petitioner is that the respondent being a resident of Soorankudi has filed the above divorce petition at the Subordinate Court, Kovilpatti, whereas the petitioner is residing at Mudhukulathoor, along with her aged parents and as she is depending upon her aged parents, it is very difficult for her to travel about 107 kms along with her child from Mudhukulathoor to Kovilpatti for attending each and every hearing of the case. It is further stated that since the issue involved in both the cases interrelated to each other, both the cases have to be tried together and therefore, she requested to transfer the petition filed by the respondent / husband in H.M.O.P.No.225 of 2017 to the file of the Sub Court, Mudhukulathoor and to direct the Sub Judge, Mudhukulathoor to try H.M.O.P.No.225 of 2017 along with H.M.O.P.No.5 of 2018, which is pending on his file, conduct joint trial and dispose of the same on merits.

(3.) The learned counsel for the petitioner reiterated the averments made in the petition.