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Madras High CourtTR CMP/200/2023allowed

B.Arifa Begum v. G.Karthik K.Gandhi

2023-03-17Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.No.200 of 2023 and C.M.P.No.4413 of 2023 B.Arifa Begum ... Petitioner Vs.

G.Karthik K.Ganhi ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to direct withdrawal of the I.D.O.P.No.256 of 2022 from the file of the Hon'ble Principal District & Sessions Judge at Thiruvallur and transfer the case to the Hon'ble Family Court, Chennai.

For Petitioner : M/s.Prakash Paul

O R D E R

This transfer petition is filed by the petitioner/wife seeking transfer of petition for divorce filed by the respondent/husband in I,D.O.P.No.256 of 2022 pending on the file of the Principal District and Sessions Court, Thiruvallur and transfer the same to the Family Court, Chennai.

2. According to the petitioner/wife, she is residing at Chengalpet District along with her parents and she is having two children aged about 11 and 8 years.

3. It is settled law that in cases involving matrimonial dispute, the preference shall be given to the convenience of the petitioner/wife.

4. In the case on hand, the petitioner is having two children aged about eleven and four years. She also expressed her difficulty in undertaking long travel to Thiruvallur to attend the Court hearings which is 100 Kms away from Kovalan, Kancheepuram District. By taking into consideration the convenience of the petitioner/wife, this Court is inclined to order the above transfer petition as indicated below.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The petition filed by the respondent/husband in I,D.O.P.No.256 of 2022 on the file of the Principal District and Sessions Court, Thiruvallur is withdrawn and transferred to the Family Court, Chennai. No costs. Consequently, connected miscellaneous petition is closed.

17.03.2023 Index: Yes/ No Speaking Order / Non-Speaking Order jai

To

1. The Principal District and Sessions Court, Thiruvallur

2. The Family Court, Chennai.

T.V.THAMILSELVI, J.

jai TR.C.M.P.No.200 of 2023 17.03.2023