ORDER This Transfer Civil Miscellaneous Petition arises out of guardianship petition having its repercussion in a matrimonial dispute. 2. As between the petitioner and the respondent it is an arranged marriage. It seems that after marriage and after birth of a boy, there is no love last between them. Petitioner filed H.M.O.P.No.250 of 2014 before the Sub Court, Thoothukudi seeking divorce from the respondent on the ground of cruelty. She had also filed M.C.No.133 of 2014 before the learned Judicial Magistrate No.I, Thoothukudi complaining of his commission of domestic violence. 3. Petitioner is a Salem women. She is in Thoothukudi in view of her avocation. The respondent is residing at Salem. It is because of his avocation. Their 9 year old son is studying 5th Standard in a School in Salem. He is now under the custody of his father. 4. The respondent filed G.O.P.No.7 of 2015 before the Family Court, Salem for appointing himself as guardian for his son. It is pending. As the petitioner was set exparte, an exparte order was passed but decree has not been passed. Now the case is posted for exparte evidence on 01.10.2015. 5. Under these circumstances, the wife filed this Tr.C.M.P. to transfer the said G.O.P. from the Family Court, Salem to the Principal District Court, Thoothukudi. 6. The reasons for the transfer of G.O.P. on the side of the petitioner are that she has positioned in Thoothukudi, two matrimonial disputes are going on in Thoothukudi and to attend the Family Court at Salem, she has to travel a vast distance. She carries on her avocation in Thoothukudi itself. In such circumstances, she finds it difficult to go all the way from Thoothukudi to Salem. If she goes to Salem she fear for his life if she comes to Salem. 7. On the other hand, the learned counsel for respondent submits that the respondent is taking care of the boy, he having sufficient financial capacity to care of the boy, boy's welfare is important. If he comes to Thoothukudi there is no safety and security for him. Further, the boy has to be taken to appear before the Court at Thoothukudi and his studies will be spoiled. Transfer is an indirect method to harass the respondent and his son. 8. Transfer cannot be ordered for mere asking. A genuine request for transfer with valid reasons necessarily will have to be accepted.
Further, the boy has to be taken to appear before the Court at Thoothukudi and his studies will be spoiled. Transfer is an indirect method to harass the respondent and his son. 8. Transfer cannot be ordered for mere asking. A genuine request for transfer with valid reasons necessarily will have to be accepted. Transfer relating to matrimonial matters are entirely different from other civil matters. In this case, transfer of G.O.P. has been sought for and not transfer of the boy. The general trend of law relating to transfer of H.M.O.P. is that the convenience of the parties to face the proceedings before the Court and Court has also to consider if one party goes to a particular place whether that place is insecure to him. 9. Now, in this case the wife says that if she goes to Salem she will face danger at the hands of her husband. But husband says that if he goes to Thoothukudi there is danger to his life. For Transfer allegations need not be proved like before a trial Court. For transferring the case there should be reasonable apprehension. Supporting materials should be there to show the apprehension. 10. Now, in this case neither the wife nor her husband has produced any material. There is no supporting supporting material to substantiate these allegations. 11. Now, as regards transfer of the case to the Court in which G.O.P. is to be listed we need not go into the G.O.P. and that is not an issue before us. The High Court has power to transfer any matter, if there is valid reason. 12. Now, in this case petitioner is at Thoothukudi. Already two matrimonial proceedings are pending in Thoothukudi. The husband is hotly contesting them. If the petitioner wants to come to Salem she has to travel a long distance from Thoothukudi. On the other hand as it already stated the respondent is financially well and his coming to Thoothukudi to attend two matrimonial matters and merely on account of the husband's inconvenience we cannot stop transferring the case from one Court to another. 13. Unless and until the boy is directed to be produced before the Court, the boy need not be produced because it will be against his interest, his educational career. The fight is between the petitioner and respondent and not with the boy.
13. Unless and until the boy is directed to be produced before the Court, the boy need not be produced because it will be against his interest, his educational career. The fight is between the petitioner and respondent and not with the boy. He cannot be made to take sides with his father or mother. 14. Considering the principles relating to transfer of G.O.P. and connected matrimonial matters pending at Thoothukudi, I am of the view that the petitioner had made valid grounds for transfer. 15. In the result, (i) G.O.P.No.7 of 2015 is transferred from the Family Court, Salem to the Principal District Court, Thoothukudi. (ii) H.M.O.P.No.250 of 2014 is transferred from Sub Court, Thoothukudi to the Principal District Court, Thoothukudi. (iii) The said transferor Court shall send the case records to the transferee Court immediately. (iv) Within four months from the date of receipt of case records, the Principal District Judge, Thoothukudi will dispose of the said G.O.P.No.7 of 2015 and H.M.O.P.No.250 of 2014. 16. Accordingly, the Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected M.P.(MD) No.1 of 2015 is closed.