R. Mekhala v. S.R. Raj Mallesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.6830 of 2022 R.Mekhala

...Petitioner

Vs S.R.Raj Mallesh ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the petition in H.M.O.P.No.4856 of 2021 pending on the file of the VI Additional Family Court at Chennai and transfer the same to the Family Court, Salem District. For Petitioner :

Mr.K.Sathiya Murthi For Respondent : M/s.D.Prasanna ************ 1/4

O R D E R

The petitioner / wife has come up with this transfer Civil Miscellaneous Petition, seeking transfer of petition for divorce filed by respondent / husband in H.M.O.P.No.4856 of 2021 on the file of Family Court, Chennai.

2. According to the petitioner, she is residing at Salem in her parental home and Chennai is 350 Kms away from home town. She also suffering from Medical Condition called Electroconvulsive and not able to meet the expenses to undertake long travel.

3. The learned counsel for the respondent / husband opposed the transfer application on the ground that he is having custody of two school going children. In such facts and circumstances, it is not convenience for respondent / husband to undertake a long travel to salem to attend Family Court proceedings.

4. It is settled law in the matrimonial case, the convenience of the wife shall be given preference. In the case on hand, the petitioner is residing at Salem 350 Kms away from Chennai in her parental home. She also suffering 2/4

from a Medical Condition called Electroconvulsive. Therefore, this Court is inclined to allow the transfer petition.

5. Accordingly, the transfer Civil Miscellaneous Petition is allowed by withdrawing the H.M.O.P.No.4856 of 2021 pending on the file of VI Additional Family Court, Chennai and transferring the same to the Family Court, Salem. No costs. Consequently, the connected miscellaneous petition is closed.

19.09.2022 rna Index: Yes/ No Speaking Order / Non-Speaking Order To 1.The VI Additional Family Court, Chennai.

2.The Family Court, Salem District.

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S.SOUNTHAR, J.

rna and C.M.P.No.6830 of 2022 19.09.2022 4/4