Mrs.S.Deepika v. Mr.S.Dhanapani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.471 of 2014 & M.P.No.1 of 2014 S.Deepika ... Petitioner v.

S.Dhandapani ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw H.M.O.P.No.1685 of 2013 pending before the learned III Hon'ble Additional Family Court, Chennai and transfer the same to the learned Hon'ble Family Court, Coimbatore.

For Petitioner : Mr.S.Saravanan For Respondent : Ms.Bhavani Subbarayan for M/s.Royan Law Associates

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No. 1685 of 2013 on the file of III Additional Family Court, Chennai for divorce.

2. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No. 1685 of 2013 from the file of III Additional Family Court, Chennai and to transfer the same to the file of Family Court, Coimbatore.

3. The learned counsel for the respondent would submit that the father of the petitioner is a practising Advocate at Coimbatore and hence, he vehemently opposed for transferring the case to Coimbatore.

4. However, the same cannot be a reason to reject this application. In view of section 19(iii-a) of the Hindu Marriage Act, H.M.O.P. may be tried at the place where the wife resides.

5. In these circumstances, I direct for withdrawal of H.M.O.P.No.1685 of 2013 from the file of III Additional Family Court, Chennai and transfer the same to the file of Family Court, Coimbatore.

https://hcservices.ecourts.gov.in/hcservices/

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar svki To

1. The III Additional Family Judge, Chennai

2. The Judge, Family Court, Coimbatore +1 cc to M/s.Royan Law Associates, Advocate, sr.47924 +1 cc to Mr.S.Saravanan, Advocate, sr.47983 Tr.C.M.P.No.471 of 2014 ak co kra 22/09 https://hcservices.ecourts.gov.in/hcservices/