The welfare of the child and the caregiving responsibilities of the parties influenced the court's decision on the transfer of matrimonial cases.

1. The husband who file H.M.O.P. No. 236 of 2009 on the file of the Principal Sub-Court, Erode seeking restitution of conjugal rights has filed the Tr. C.M.P. Nos. 11,12 and 13 of 2010 seeking transfer of the cases in M.C. No. 97 of 2009, H.M.O.P. No. 588 of 2009 and G.W.O.P. No. 974 of 2009 pending on the file of the Family Court, Coimbatore to the file of Principal Sub-Court, Erode for disposal according to law.

2. The wife who has filed M.C. No. 97 of 2009 praying for maintenance, H.M.O.P. No. 588 of 2009 praying for judicial separation and G.W.O.P. No. 974 of 2009 praying to appoint her as Guardian for the minor child, filed Tr. C.M.P. No. 458 of 2009 seeking transfer of the case filed by her husband in H.M.O.P. No. 236 of 2009 pending on the file of Principal Sub-Court, Erode to the file of the Family Court, Coimbatore.

3. Thehusband has contended in Tr. C.M.P. No. 11, 12 and 13 of 2010 that treatment was given to the child afflicted with autism only at Erode during the happy married life spent by the husband and wife. Even after the wife started residing at Erode, the child had to be brought to Krithika Speech Centre at Erode twice a week for the purpose of giving speech therapy to the child. Therefore, the wife can come down along with the child afflicted with autism to Erode and join the husband or have a separate house at Erode for the welfare of the child. Since the health condition of the child has deteriorated, the husband seeks transfer of all the cases pending on the file of Family Court, Coimbatore to the file of the Principal Sub-Court Erode.

4. The Wife has contended that due to cruelty committed by the husband, she and her son have taken refuge in her maternal grandfather’s house at Coimbatore. It is submitted that it is well high impossible for the wife to attend the hearings before the Court at Erode. It is further contended that she cannot undertake her journey leaving her minor son in the lurch.

5. The learned counsel appearing for the wife would submit that the child aged about 8 Years afflicted with autism is taking special treatment at Coimbatore. The wife is also residing in the house of her grandfather at coimbatore for the sake of the child, leaving her parental home at Tiruppur. It is his further submission that the wife has virtually left her job in order to take care of the child. It would be quite impossible for her to travel to Erode leaving behind the child afflicted with autism. Therefore, the learned counsel appearing for the wife would submit that a case filed by the husband for restitution of conjugal rights may be transferred to Coimbatore.

6. Per contra, the learned counsel appearing for the husband would submit that if the child is brought to Erode, specialized treatment could be given. For about five long years when the child was given had been living happily at Erode the child was given at most care and treatment at Erode. Now, the wife is residing in the house of her grandfather, even not in the house of her father at Tiruppur. It is further submitted that the husband is working as Medical Practitioner in Government Hospital at Erode. Considering the welfare of the child afflicted with autism, all the three cases pending on the file of Family Court, Coimbatore may be transferred to the file of the Principal Sub-Court, Erode.

7. There is no dispute to the fact that eight years old child born to the husband and wife who are now at loggerhead is afflicted with autism. There is also no dispute to the fact that the wife had left the parental house at Tiruppur and started living in Coimbatore in the house of her grandfather. The child is now in Coimbatore taking treatment over there.

8. The Court finds that the child aged 8 years afflicted with autism cannot be taken by the wife to Erode from Coimbatore for all the hearings. The grandfather who is reportedly aged about 90 years also cannot accompany the wife all the way to Erode for the purpose of attending the hearing