Preetha v. S. Elakkiyarasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.4955 of 2022 Preetha ... Petitioner vs S.Elakkiyarasan ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 151 of Civil Procedure Code, praying to transfer H.M.O.P.No.349 of 2021 pending on the file of Hon'ble Subordinate Court, at Mayiladuthurai to Hon'ble Subordinate Court at Poonamallee, Chennai.

For Petitioner : M/s.J.Rajmohan For Respondent : No Appearance 1/4

ORDER

This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife seeking transfer of petition filed for restitution of conjugal rights by the respondent/husband in H.M.O.P.No.349 of 2021 from the file of the Sub Court, Mayiladuthurai to the Sub Court, Poonamallee, Chennai.

2. Though respondent was served and the counsel entered appearance for respondent, there is no representation for the respondent on 21.09.2022. In order to give an opportunity to the respondent, matter was adjourned to today (23.09.2022). Today, when the matter is taken up for hearing, there is no representation for the respondent.

3. According to the petitioner, she is residing at Maduravoyal within the territorial jurisdiction of the Sub Court, Poonamallee, Chennai. She further submitted that she is having 1 and 1/2 years old child. As a lady, she finds it very difficult to undertake long travel to Mayiladuthurai, which is 270 kms away from her native to attend the Court hearings. 2/4

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

5. In the case on hand, the petitioner is residing at Maduravoyal, within the territorial jurisdiction of the Sub Court, Poonamallee, Chennai and she is having 1 and 1/2 years old child. By taking into consideration of the convenience of the wife, this court is inclined to allow the transfer application.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The petition filed in H.M.O.P.No.349 of 2021 pending on the file of the Sub Court, Mayiladuthurai is withdrawn and transferred to the Sub Court, Poonamallee, Chennai. Consequently, connected miscellaneous petition is closed. No costs.

23.09.2022 Index : Yes / No Speaking Order : Yes / No jai 3/4

S.SOUNTHAR , J.

jai To

1. The Family Court, Mayiladuthurai

2. The Family Court, Poonamallee, Chennai.

and C.M.P.No.4955 of 2022 23.09.2022 4/4