S. KALAIVANI Vs. K.R. ASHOK MENAKSHA

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of H.M.O.P. No. 319 of 2017 from the file of the Third Additional Sub Court, Madurai to the file of the Sub Court, Mettupalayam to try along with H.M.O.P. No. 117 of 2017.

(2.) It is stated in the petition that the marriage between the petitioner and the first respondent was solemnized on 25/5/2012. After marriage, both of them lived happily for some time and they blessed with a male child and the child is now aged about 5 years. Now, the first respondent is in abroad. Later, due to misunderstanding, the first respondent herein / husband of the petitioner, through his father viz., second respondent herein, filed H.M.O.P. No. 319 of 2017 before the Third Additional Sub Court, Madurai for dissolution of marriage. The petitioner / wife also filed H.M.O.P. No. 117 of 2017 before the Sub Court, Mettupalayam for restitution of conjugal rights. The grievance of the petitioner is that the petitioner is residing at Mettupalayam, along with her aged parents and as she is depending upon her aged parents, it is very difficult for her to travel about 300 kms along with her child from Mettupalayam to Madurai for attending each and every hearing of the case. Further the issue involved in both the cases interrelated to each other and therefore, both the cases have to be tried together and therefore, she requested to transfer the petition filed by the first respondent / husband in H.M.O.P. No. 319 of 2017 to the file of the Sub Court, Mettupalayam and to direct the learned Sub Judge, Mettupalayam to try H.M.O.P. No. 319 of 2017 along with H.M.O.P. No. 117 of 2017, which is pending on his file.

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