Consideration of travel difficulties and financial constraints leads to the transfer of matrimonial proceedings for expeditious resolution.

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed with the following prayer:

"to withdraw the case in H.M.O.P.No.94 of 2023 on the file of the Principal Subordinate Court, Trichy, and transfer the same to the file of Family Court, Mannargudi to be tried by clubbing the same with the petition in M.C.No.26 of 2022 filed by the petitioner herein seeking maintenance and tried together”

2.Heard Mr.K.Sivabalan, learned counsel for the petitioner and Mr.J.Udhaya Kumar, learned Counsel for the respondent.

3.The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 26.11.2020, according to Hindu rites and customs. The respondent/husband has filed H.M.O.P.No.94 of 2023 before the Principal Sub-Court, Trichy, seeking divorce. The petitioner/wife has filed a maintenance petition in M.C.No.26 of 2022 before the Family Court, Mannargudi. Seeking transfer of the above H.M.O.P.No.94 of 2023 from the file of Principal Sub-Court, Trichy to the file of Family Court, Mannargudi, where, the petition filed by the petitioner in M.C.No.26 of 2022 against the respondent seeking maintenance is pending, the present Transfer Civil Miscellaneous Petition has been filed.

4.Mr.K.Sivabalan, learned counsel for the petitioner submits that being a lady, it is very difficult for the petitioner to travel more than 200 kms., up and down from Mannargudi to Trichy, for all the Court hearings and also she do not have any finance to meet the travel and other incidental expenses. Thus, he prays that this Court may transfer the case in HMOP.No.94 of 2023 from the file of the Principal Sub-Court, Trichy to the file of Family Court, Mannargudi.

5.Mr.J.Udhayakumar, learned counsel for the respondent has made submissions, opposing to transfer the matrimonial case filed by the respondent in HMOP.No.94 of 2023 seeking divorce, as prayed for by the petitioner, as it is also equally inconvenience for the respondent to attend all the court hearings before the Court, to which, the matrimonial case filed by him, is now sought to be transferred by the petitioner. 6.Accordingly, after considering the arguments as advanced by the learned counsel for the parties, considering the fact that the petitioner, being a lady, would be facing difficulty to travel about more than 200 kms to attend all the Court hearings before the Principal Sub-Court, Trichy, where the HMOP.No.94 of 2023 is pending and that she is also facing finance constraint to meet travel and incidental expenses and also considering the averments made in the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, this Transfer Civil Miscellaneous Petition is allowed, as prayed for. The matrimonial case in HMOP.No.94 of 2023, on the file of the Principal Sub-Court, Trichy, is hereby ordered to be withdrawn and transferred to the file of the Family Court, Mannargudi, where, the petition filed by the petitioner in M.C.No. 26 of 2022 against the respondent seeking maintenance is also pending. The learned Judge, Family Court, Mannargudi, is directed not to give any adjournment to either of the parties unless there is any cogent reason or stay by any higher Court and decide the case, on merits and in accordance with law, expeditiously. No costs. Consequently, connected Civil Miscellaneous Petition is closed.