The court allowed the transfer of a matrimonial case due to the petitioner's logistical and financial challenges.

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.314 of 2023, on the file of the Family Court, Thiruvallur and transfer the same to the file of Sub Court, Aruppukottai.

2.The short facts of the case, which led to the filing of the present Transfer Civil Miscellaneous Petition, are as follows:-

The petitioner is the wife and the respondent is the husband and their marriage was solemnized on 10.09.2021, according to Hindu rites and customs and out of their wedlock, they were blessed with one child, namely, Motheeshwaran. Due to matrimonial dispute arose between them, the respondent/husband has filed a petition in H.M.O.P.No.314 of 2023 before the Family Court, Thiruvallur, seeking divorce. Seeking transfer of the above case in H.M.O.P.No.314 of 2023 from the file of the Family Court, Thiruvallur, to the file of Subordinate Court, Aruppukottai, the present Transfer Civil Miscellaneous Petition has been filed.

3.Today, when the case was called in the revised call, both Mr.S.Selva Aditya, learned counsel for the petitioner and Mr.S.Jothi, learned counsel for the respondent did not appear before this Court. On perusal of the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, the petitioner averred that being a lady, it is very difficult for the petitioner to travel more than 1000 kms., approximately, up and down from Aruppukottai to Thiruvallur, for all the Court hearings and also she do not have any finance to meet the travel and other incidental expenses.

4.Accordingly, considering the averments made in the affidavit filed in support of this petition and also considering the fact that the petitioner, being a lady, would be facing difficulty to travel about more than 1000 kms., approximately up and down from Aruppukottai to Thiruvallur, to attend all the Court hearings before the Family Court, Thiruvallur, where the case in H.M.O.P.No.314 of 2023 is pending and that she is also facing finance constraint to meet travel and incidental expenses, this Transfer Civil Miscellaneous Petition is allowed, as prayed for. The matrimonial case in H.M.O.P.No.314 of 2023, on the file of the Family Court, Thiruvallur, is hereby ordered to be withdrawn and transferred to the file of the Sub Court, Aruppukottai. The learned Subordinate Judge, Aruppukottai, 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, if the same is not already decided, on merits and in accordance with law, expeditiously. No costs.

Consequently, connected Civil Miscellaneous Petition is closed.