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Madras High CourtTR CMP/439/2014ordered

T.Suganya v. A.Prabhakaran

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.439 of 2014 and M.P.No.1 of 2014 T.Suganya ..

Petitioner Vs A.Prabhakaran ..

Respondent Petition filed under Section 24 C.P.C. to withdraw and transfer H.M.O.P.No.55 of 2013 from the file of Sub Court, Dharmapuri to Subordinate Court, Salem to try the same.

For Petitioner ..

Mr.V.Manisekaran For Respondent ..

Mr.R.Sankarasubbu

ORDER

The petitioner is the wife. The respondent is the husband. The respondent/husband filed H.M.O.P.No.55 of 2013 on the file of the Subordinate Court, Dharmapuri for dissolution of marriage. The petitioner/wife resides at Salem. Hence she has filed this petition to transfer the said petition to the file of Subordinate Court, Salem. 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.55 of 2013 pending on the file of the Subordinate Court, Dharmapuri has to be transferred to the file of Subordinate Court, Salem.

3.In the result, the Transfer Civil Miscellaneous Petition is allowed and the learned Judge of Subordinate Court, Dharmapuri is directed to transfer the petition in H.M.O.P.No.55 of 2013 pending https://hcservices.ecourts.gov.in/hcservices/

on his file to the file of Subordinate Court, Salem, for disposal. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar(CO) dt:21/9/2015 True Copy Sub-Assistant Registrar mmi To 1.The Subordinate Judge, Dharmapuri.

2.The Subordinate Judge, Salem.

+1 cc to Mr.V.Manisekaran Advocate sr.47520 Tr.C.M.P.No.439 of 2014 aa21/09/2015 https://hcservices.ecourts.gov.in/hcservices/