Transfer petitions must demonstrate substantial grounds; mere inconvenience is inadequate for relief.

O R D E R

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

“to withdraw the case pending on the file of the Family Court, Thoothukudi, in D.O.P.No.117 of 2023 and transfer the same to the District Family Court, Tirunelveli.”

2.The facts of the case, in a nutshell, led to filing of this Petition and necessary for disposal of same, are as follows:-

a)The Petitioner is the wife and the Respondent is the husband and their marriage was solemnized on 09.09.2022, according to Christian customs and rituals and out of their wedlock, they blessed with a baby boy, who is about two years old. Due to matrimonial dispute arose between them, the Petitioner had left the matrimonial home. The Respondent/Husband had filed the above case in D.O.P.No.117 of 2023, before the Family Court, Thoothukudi, against the Petitioner/Wife, for divorce on the ground of desertion and dereliction of duty as wife. But, according to the Petitioner/Wife, she left the matrimonial home due to torture by the Respondent/husband and it is very difficult for her to travel all the way from Tirunelveli to Thoothukudi, along with two year old child, for all the Court hearings and she do not have any finance to meet the travel and other incidental expenses and hence, this Transfer Civil Miscellaneous Petition has been filed.

3.Today, when the case was called in the revised call, no one appeared on behalf of the petitioner as well as the respondent. Thus, it appears that both the learned Counsel for the parties are not interested in pursuing this Transfer Civil Miscellaneous Petition.

4.In the affidavit filed in support of this Transfer Civil Miscellaneous Petition, the petitioner averred that being a lady, it is very difficult for the petitioner to travel more than 150 km., approximately, up and down from Tirunelveli to Thoothukudi, along with her two years child, for all the Court hearings and also she do not have any finance to meet the travel and other incidental expenses.

5.After perusal of the affidavit filed in support of this Transfer Civil Miscellaneous Petition, this Court do not find any justification to allow this Transfer Civil Miscellaneous Petition, as the Petitioner, who wants to transfer the case from Family Court, Thoothukudi to the Family Court, Tirunelveli on the ground of distance ie., 150 kms up and down approximately, which is not a significant factor that would cause undue hardship or inconvenience to the petitioner and there are no substantial grounds made out by the petitioner to justify the transfer of the case. From the records, it is also seen that, the Respondent/husband also filed divorce petition in D.O.P.No.117 of 2023 with strong allegations against the Petitioner/wife. The copy of the divorce petition was also served to the Petitioner/wife and she also appeared before the Family Court, Thoothukudi, on 26.04.2023. The only ground taken by the Petitioner is that she is the lady and it is very difficult for her to travel such distance. However, this ground is not sufficient to allow this petition, as neither the learned Counsel for the Petitioner nor the Petitioner appeared before this Court to argue the case inspite of granting sufficient time. Thus, in view of the above observations, this Transfer Civil Miscellaneous Petition is liable to be dismissed.

6.Accordingly, this Transfer Civil Miscellaneous Petition is finally dismissed. Interim order, if any, granted stands vacated and the file is consigned to record. There is no order as to costs. Consequently, connected miscellaneous petition is closed.