Sree Devi v. A.Sudhakar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.393 of 2014 and M.P.No.1 of 2014 --- Sree Devi .. PETITIONER Vs A.Sudhakar .. RESPONDENT Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the HMOP.No.101 of 2013 pending on the file of the Subordinate Judge, Tindivanam and to transfer the same to anyone of the Family Courts at Chennai and be tried according to law.

For petitioner : Mr.A.N.Rajan For Respondent : Ms.M.Kalyani

O R D E R

The petitioner herein is the wife. The respondent is the husband. The respondent-husband filed HMOP.No.101 of 2013 on the file of the learned Subordinate Judge, Tindivanam. 2.

The petitioner resides at Chennai. Hence, she has filed this petition to transfer HMOP.No.101 of 2013 to Chennai. 3.

Heard both sides.

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(iii)(a) 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.

In the result, the Transfer Civil Miscellaneous Petition is allowed by transferring the HMOP.No.101 of 2013 on the file of the learned Subordinate Judge, Tindivanam, to the file of the Family https://hcservices.ecourts.gov.in/hcservices/

Court, Chennai. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/dAssistant Registrar(CSII) dt:29/9/2015 True Copy Sub-Assistant Registrar tsi To

1. The Subordinate Judge, Tindivanam.

2. The Family Court, Chennai.

+1 cc to M/s.M.Kalyani Advocate sr.49903 Tr.C.M.P.No.393 of 2014 aa1/10/2015 https://hcservices.ecourts.gov.in/hcservices/