P.Kanakadurga v. V.R.Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.174 of 2014 M.P.No.1 of 2014 --- P.Kanakadurga .. PETITIONER Vs V.R.Suresh .. RESPONDENT Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the case in HMOP.No.680/2013 on the file of the Family Court, Madurai and transfer the same to the Sub-Court, Tambaram.

For petitioner : Mr.C.Sugumar For Respondent : Mr.A.Jayaramachandran

O R D E R

The petitioner is the wife. She filed a HMOP before the learned Subordinate Judge, Tambaram.

2.

The respondent-husband filed HMOP No.680 of 2013 on the file of the Family Court, Madurai.

3.

Though notice was served, there is no representation for the respondent.

4.

It is well settled in the matrimonial disputes that the convenience of wife is given preference in the matter of place of hearing. Furthermore, Section 19 of the Hindu Marriages Act states that the matrimonial disputes could be heard at the place of residence of the wife. For all the aforesaid reasons, I am inclined to allow this petition.

5.

Hence, the Transfer Civil Miscellaneous Petition is disposed of transferring the HMOP.No.680 of 2013 on the file of the Family Court, Madurai to the file of the Subordinate Judge, Tambaram to try https://hcservices.ecourts.gov.in/hcservices/

along with HMOP said to have been filed by petitioner herein. No costs. Consequently, connected Miscellaneous Petition is closed. -Sd/- Asst.Registrar(CSIV) /true copy/ Sub Asst. Registrar tsi To, 1.The Family Court, Madurai 2.The Subordinate Judge, Tambaram +1 cc to Mr.C.Sugumar Advocate sr.45367 Tr.C.M.P.No.174 of 2014 km(co) aa10/09/2015 https://hcservices.ecourts.gov.in/hcservices/