A.N.Sivaranjini v. Sakthivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.4165 of 2022 A.N.Sivaranjini

...Petitioner

Vs Sakthivel ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.355 of 2021 on the file of the Hon'ble Sub Court, Alandur and transferred to Hon'ble Sub Court, Attur. For Petitioner :

M/s.R.Bhagawat Krishna For Respondent : M/s.S.Aruna

O R D E R

The petitioner/wife seeks transfer of petition filed by the respondent/husband for divorce in H.M.O.P.No.355 of 2021 from the file of the Sub Court, Alandur to the Sub Court, Attur.

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2. Heard the arguments of the learned counsel for the petitioner and there is no representation for the respondent.

3. According to the petitioner, she is residing at Sathapadi, in Salem within the territorial limits of the Sub Court, Attur along with her aged parents. The petitioner also stated that she is not economically sound to meet the travel expenses and the distance between her native place and Alandur is nearly 350 kms. As a lady, she finds it very difficult to undertake long travel for more than 600 kms to attend the Court hearings.

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

5. In the case on hand, the petitioner is residing at Sathapadi Village, within the territorial limits of the Sub Court, Attur along with her aged parents. According to her, she has no one to accompany her to travel to Alandur. In the facts and circumstances of the case, this Court is inclined to order the above transfer petition.

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6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The petition filed by respondent in H.M.O.P.No.355 of 2021 pending on the file of the Sub Court, Alandur is withdrawn and transferred to the file of the Sub Court, Attur. Consequently, connected miscellaneous petition is closed. No costs.

22.09.2022 Index: Yes/ No Speaking Order / Non-Speaking Order jai To 1.The Sub Court, Alandur.

2.The Sub Court, Attur.

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S.SOUNTHAR, J.

jai and C.M.P.No.4165 of 2022 22.09.2022 4/4