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2010 DIGILAW 1963 (MAD)

K. Vijaya v. K. Prakash Kumar

2010-04-26

M.JAICHANDREN

body2010
Judgment :- 1. This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw I.D.O.P.No.952 of 2008, from the file of the Family Court, Coimbatore, and to transfer the same to the file of the District Court, Udhagamandalam. 2. It has been stated that the marriage between the petitioner and the respondent was held, on 3.2.2003, at Coonur. After the marriage, the petitioner and the respondent were living in their matrimonial home, at Coimbatore. While so, certain disputes had arisen between the petitioner and the respondent. Therefore, the respondent had filed I.D.O.P.No.952 of 2008, before the Family Court, Coimbatore, for divorce. 3. The petitioner is at present living at Aravangadu in Coonur and therefore, she finds it difficult to travel to Coimbatore, which is more than 90 kilometres away to attend the hearings, in I.D.O.P.No.952 of 2008. The petitioner is living alone at Aravangadu and attending to her job, as a medical assistant. It would be difficult for her to get the necessary leave from the employer, to attend the hearings before the Family Court, at Coimbatore. In such circumstances, the petitioner has preferred the present transfer civil miscellaneous petition, to transfer I.D.O.P.No.952 of 2008, pending on the file of the Family Court, Coimbatore, to the District Court, Udhagamandalam. 4. There is no appearance on behalf of the respondent and no counter affidavit has been filed on behalf of the respondent. 5. In view of the averments made in the affidavit filed by the petitioner in the transfer civil miscellaneous petition, I.D.O.P.No.952 of 2008, is withdrawn from the file of the Family Court, Coimbatore and transferred to the District Court, Udhagamandalam, to be tried and disposed of on merits. The transfer civil miscellaneous petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.