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Madras High CourtTR CMP/181/2014ordered

Priya Saminathan v. S.Senthil Kumaran @ Kumaran

2015-09-03Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2015 Coram The Hon'ble Mr. Justice D.HARIPARANTHAMAN Tr.C.M.P. No.181 of 2014 and M.P.No.1 of 2014 Priya Saminathan ..

Petitioner Vs S.Senthil Kumaran @ Kumaran ..

Respondent Petition filed under Section 24 C.P.C. to withdraw H.M.O.P.No.2760 of 2013 from the file of the III Additional Family Court, Chennai and to transfer the same to the Family Court, Coimbatore or any other Court having jurisdiction at Coimbatore. For Petitioner ..

Mr.N.Manokaran For Respondent ..

Mr.N.Ramesh

ORDER

The petitioner is the wife. The respondent is the husband. The respondent/husband filed H.M.O.P.No.2760 of 2013 on the file of the III Additional Family Court, Chennai for dissolution of marriage. The petitioner/wife resides at Coimbatore. Hence she has filed this petition to transfer the said petition to the file of Family Court, Coimbatore.

2.In view of Section 19 of the Hindu Marriage Act, H.M.O.P. may be tried at the place where the wife resides. In the matrimonial disputes, preference should be given to the convenience of the wife as to the place of hearing. Hence, I am of the view that H.M.O.P.No.2760 of 2013 pending on the file of the III Additional Family Court, Chennai has to be transferred to the file of Family Court, Coimbatore.

3.In the result, the Transfer Civil Miscellaneous Petition is allowed and the learned Judge of III Additional Family Court at https://hcservices.ecourts.gov.in/hcservices/

Chennai is directed to transfer the petition in H.M.O.P.No.2760 of 2013 pending on his file to the file of Family Court, Coimbatore, for disposal. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar mmi To 1.The III Additional Judge, Family Court, Chennai.

2.The Judge, Family Court, Coimbatore.

1 cc to Mr.N.Ramesh , Advocate Sr.No.47351 1 cc to Mr.N.Manokaran , Advocate Sr.No.47747 Tr.C.M.P.No.181 of 2014 lrs(co) pmk.18.9.2015 https://hcservices.ecourts.gov.in/hcservices/