The petitioner/wife has come forward with this petition seeking to withdraw the case on the file of the Family Court, Thiruvallur in H.M.O.P.No.74 of 2017 and transfer the same to the Subordinate Judge, Tuticorin.
2.The petitioner has stated that the marriage between her and the respondent was solemnized on 16.06.2016 and they started their happy matrimonial life and a son was born to her on 30.05.2017. The petitioner said that after the marriage, the respondent demanded her additional dowry and sent her to her parents' house and treated her in a cruel manner. After pregnancy, the respondent never took back the petitioner and her child to the matrimonial home. While so, the respondent filed H.M.O.P.No.74 of 2017, on the file of the Family Court, Thiruvallur, seeking dissolution of marriage. The petitioner is now residing at Tuticorin with her aged parents and five months old child. It is difficult for her to travel to Thiruvallur which is nearly 650 Kilometers away from Tuticorin along with five months old child. Hence, the petitioner seeks transfer of H.M.O.P.No.74 of 2017, on the file of the Family Court, Thiruvallur to any other Court nearby Tuticorin.
3.The respondent entered appearance through the counsel and opposed the petition. However, the respondent had admitted the averments of the petition and filed a counter affidavit stating his willingness for transfer as sought for by the petitioner herein. The respondent has no objection for the same. The learned counsel for the petitioner has also conceded that the H.M.O.P.No.74 of 2017 may be transfered to Subordinate Court, Thiruchendur, which is near to Tuticorin.
4.On the other hand, the learned counsel for the respondent contended that the respondent is presently staying at Thiruvallur and it is difficult for him to travel to Tuticorin for each and every hearing. However, the learned counsel for the respondent has no objection to entertain this petition, if this matter is transferred to any place, which is nearby Tuticorin.
5.In such circumstances, considering the reason stated by the petitioner and the fact that the petitioner is unemployed and has no source of income on her own and that the petitioner is unable to travel along with her minor child, this Court is inclined to entertain this petition. The point is answered accordingly.
6.In the result, this petition is allowed and H.M.O.P.No.74 of 2017 pending on the file of the Family Court, Thiruvallur, is ordered to be withdrawn and transferred to the file of the District Court at Thiruchendur, for disposal. On receipt of the records from the concerned Court, the transferee Court is directed to dispose of H.M.O.P.No.74 of 2017 as expeditiously as possible. No Costs. Consequently, connected miscellaneous petition is closed.
To
1.The District Court, Thiruchendur.
2.The Family Court, Thiruvallur.
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