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2005 Supreme(Mad) 323

R.BALASUBRAMANIAN
G. Lavanya – Appellant
Versus
Bindu @ R. Sakthivel – Respondent


Advocates Appeared:
Ms. K. Sumathi, Advocate for Petitioner. Mr. V. Raghavachari, Advocate for Respondent.

Judgment :

1. H.M.O.P.No.17 or 2004 initiated by the husband/respondent is now pending on the file of the Sub-Court, Tiruppathur, Vellore District. The said petition was filed for divorce. Wife is before this Court in this transfer petition to have that case withdrawn from the Sub-Court, Tiruppathur to the file of Principal Family Court at Chennai for disposal.

2. Heard the learned counsel on either side. Perused the affidavit filed in support of the application for transfer. Two or three grounds are put forth in this application for transfer and they are as here under:

(a) it is very difficult for the wife to travel from Chennai to Tiruppethur to attend every hearing;

(b) since the petitioner isa resident of Chennai and she having no relatives in Tiruppathur, she is not able to spend money in meeting the litigation expenses, especially when her father is a retired person; and

c) the defence, which is going to be brought before the Sub-Court, Tiruppathur in resisting the claim for divorce (sum and substance of which is revealed in the petition) would show that she will have no peace of mind to face the proceeding in a conducive atmosphere. I applied my mind to the above grounds.

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