KAVITHA Vs. RAJASEKARA CHELLAPPA

JUDGEMENT

(1.) The petitioner is the wife and the respondent is the husband.

(2.) The respondent has levied H.M.O.P. No. 45 of 2018 for divorce against the petitioner and the same is pending on the file of the Subordinate Court, Ramanathapuram. Seeking transfer of the abovesaid proceeding from Ramanathapuram Court to the file of the Family Court, Madurai, the petitioner has come forward with the transfer request, on the footing that she is residing with her parents at Madurai and also required to look after her child and considering the distance factor between Ramanathapuram and Madurai being on the higher side, she is finding difficult and experiencing hardship in attending the proceeding at Ramanathapuram Court and also contending that she has none to accompany her to attend the proceeding at Ramanathapuram District, prayed for the transfer.

(3.) The respondent resisted the transfer request of the petitioner contending that the distance factor alleged by the petitioner as a ground for seeking transfer is not justified and further contended that the petitioner is working as Assistant Professor and joined Sethu Institute of Technology, Virudhunagar District as Professor of Mathematics and when she is able to travel from Madurai to Virudhunagar, a distance of 80 Kilometers, her case that she is unable to attend the proceeding at Ramanathapuram Court cannot be accepted and further, it is also contended that inasmuch the proceeding laid by the respondent is only pending on the file of the Subordinate Court, Ramanathapuram and as the presence of the petitioner may not be required in all the hearing dates, accordingly, stated that the continuance of the proceeding at Ramanathapuram Court would not cause serious prejudice to the petitioner. Further, it is also stated by the respondent that he is ready to cross-examine the petitioner on the same day, when she tenders her evidence in the Court to avoid inconvenience to her and therefore, contended that only with a view to cause him hardship and inconvenience, the petitioner has come forward with the transfer request and also putforth that inasmuch as the respondent is working as a Teacher, if the proceeding is transferred to Madurai Court as prayed for, he would be put to serious loss and hardship and therefore, sought for the dismissal of the transfer request of the petitioner.