B.Elavarasi v. S.Amirthaselvan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2017 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.168 of 2017 and C.M.P.No.3119 of 2017 B.Elavarasi ... Petitioner Vs.

S.Amirthaselvan ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.101 of 2016 from the file of the SubCourt at Cheyyar and transfer the same to the Sub-Court at Tambaram, to be tried along with H.M.O.P.No.95 of 2017 on the file of the Sub-Court at Tambaram.

For Petitioner : M/s. V.Umashankari For Respondent : Mr. K.Devaraj

O R D E R

This petition is filed to withdraw H.M.O.P.No.101 of 2016 from the file of the Sub-Court, Cheyyar and transfer to the file of the Sub-Court, Tambaram, to be tried along with H.M.O.P.No.95 of 2017 on the file of the Sub-Court at Tambaram.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 27.08.2015 as per Hindu rites and customs. Due to difference of opinion, both the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.101 of 2016 for divorce and the same is pending before the Sub-Court, Cheyyar.

3. According to the petitioner, she is residing at Enjambakkam, and she filed H.M.O.P.No.95 of 2017 for restitution of conjugal rights and the same is pending before the Sub Court, Tambaram. The distance between Enjambakkam and Cheyyar is more than 80 kilometers and hence, it is very difficult for her to travel from Enjambakkam to Cheyyar to attend the hearing. Therefore, she prays for transfer of H.M.O.P.No.101 of 2016 from the file of the Sub-Court, Cheyyar to the file of the Sub-Court, Tambaram, to try along with H.M.O.P.No.95 of 2017 pending on its file.

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4. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

5. It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another].

6. Having regard to the submissions made by the learned counsel for the petitioner along with the above decision, the petition in H.M.O.P.No.101 of 2016 is ordered to be withdrawn from the file of the Sub-Court, Cheyyar, and transferred to the file of the Sub-Court, Tambaram, to be tried along with H.M.O.P.No.95 of 2017. The Presiding Officer, Sub-Court, Cheyyar, is directed to transmit all the records pertaining to H.M.O.P.No.101 of 2016 to the file of the Sub-Court, Tambaram, within a period of two weeks from the date of receipt of a copy of this order.

7. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar jrl To

1. The Sub Judge, Cheyyar.

2. The Sub Judge, Tambaram.

+2 Ccs to M/s.V. Uma Shankar, Advocate sr 43963 Tr.C.M.P. No.168 of 2017 BR(CO) sp(17/07/2017) https://hcservices.ecourts.gov.in/hcservices/