IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.549 of 2009 and M.P.No.1 of 2009 S.Vanitha .. Petitioner. Versus S.Shanmuganathan .. Respondent. PRAYER: Petition filed under Article 227 of the Constitution of India, seeking to withdraw and transfer O.P.No.2281 of 2009, on the file of the Court of Principal Family Court, Chennai, to Sub-Court, Devakottai. For Petitioner : Ms.P.Srividhya For Respondent : Mr.K.Muruganantham O R D E R
This transfer civil miscellaneous petition has been filed, praying that this Court may be pleased to withdraw H.M.O.P.No.2281 of 2009, from the file of the Principal Family Court, Chennai, and to transfer the same to the file of the Subordinate Court, Devakottai.
2. It has been stated that the marriage between the petitioner and the respondent had been solemnized, on 20.8.2004, at Pallathur, Karaikudi. Thereafter, both the petitioner and the respondent had been living together. While so, during the year, 2005, the respondent, based on the instigation of his parents, had started ill-treating the petitioner. Therefore, the petitioner had been forced to leave the matrimonial home, during the month of June, 2005. Thereafter, the respondent had filed H.M.O.P.No.2281 of 2009, before the Principal Family Court, Chennai, for divorce, on the ground of desertion.
3. It has been further stated that, after the petitioner had been forced to leave the matrimonial home, she had been living with her brother at Pallathur, Karaikudi. Since the petitioner is uneducated she is not in a position to earn any money, for her living. Therefore, she is dependant on her brother, who is employed as a Clerk in a chit fund company, earning a meagre sum. The petitioner cannot rely on her brother to travel to Chennai to attend the hearings before the Principal Family Court, Chennai, in H.M.O.P.No.2281 of 2009.
4. It has also been stated that the respondent is earning a sum of Rs.10,000/- per month and he could travel to attend the hearings before the Subordinate Court, Devakottai, if H.M.O.P.No.2281 of 2009, is transferred to the said Court. No prejudice would be caused to the respondent, if the petition, pending on the file of the Principal Family Court, Chennai, is transferred to the Subordinate Court, Devakottai, as prayed for by the petitioner.
5. No counter affidavit has been filed on behalf of the respondent.
6. In view of the averments made on behalf of the petitioner H.M.O.P.No.2281 of 2009, is withdrawn from the file of the Principal Family Court, Chennai, and transferred to the file of the Subordinate Court, Devakottai, as prayed for by the petitioner, in the present transfer civil miscellaneous petition. No costs. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 04-03-2010
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M.JAICHANDREN J.
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Tr.C.M.P.No.549 of 2009
04-03-2010