Padmavathy v. Chandramohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.8466 of 2022 Padmavathy ... Petitioner Vs.

Chandramohan ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw the proceeding of the G.O.P.No.21 of 2021 on the file of the Family Court, Pondicherry and transfer the case to the Family Court, Chennai.

For Petitioner : Mr.M.Madhuprakash For Respondent : No appearance 1/4

ORDER

The petitioner seeks transfer of petition filed by the respondent/husband in G.O.P.No.21 of 2021 pending on the file of the Family Court, Pondicherry to the Family Court, Chennai.

2. Though the respondent was served with the notice and his name is printed in the cause-list, there is no representation for the respondent.

3. According to the petitioner/wife, she is residing at Chennai, within the territorial jurisdiction of the Family Court, Chennai. The petitioner also averred in the affidavit that she is having two minor school going children. Therefore, it is stated that it would not be convenient for the petitioner to undertake a travel to Pondicherry to attend the hearing before the Family Court, Pondicherry.

4. It is settled law that, in a case involving matrimonial disputes, the convenience of the wife should be given preference. In the case on hand, the petitioner is residing at Kottivakkam, Chennai and she is also having two 2/4

minor school going children. The facts and circumstances and balance of convenience requires the transfer of G.O.P.No.21 of 2021, petition, filed by the respondent/husband, to the Family Court, Chennai.

5. Accordingly, the transfer petition is allowed by withdrawing G.O.P.No.21 of 2021 from the file of Family Court, Pondicherry and transferring the same to the file of Family Court, Chennai. No Costs. Consequently, connected Miscellaneous Petition is closed. 20.09.2022 Index : Yes / No Internet : Yes / No dna To 1.The Family Court, Pondicherry 2.The Family Court, Chennai.

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S.SOUNTHAR , J.

dna and CMP.No.8466 of 2022 20.09.2022 4/4

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