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Madras High CourtTR CMP/498/2014allowed

V.Janani v. Mr.Praveen

2015-09-11Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.498 of 2014 and M.P.No.1 of 2014

1. V.Janani

2. Reevan (Minor) .. PETITIONERS (minor Rep.by his mother and guardian Ist petitioner V.Janani) Vs Praveen .. RESPONDENT Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the case in HMOP.No.59 of 2014 on the file of the learned I Additional Subordinate Judge, Thiruvannamalai to the learned I Additional Judge, Family Court, Chennai.

For petitioners : Mr.M.Srividhya For Respondent : Mr.V.Jayaprakash Narayanan

O R D E R

The 1st petitioner herein is the wife. The respondent is the husband. The respondent-husband filed HMOP.No.59 of 2014 on the file of the learned Subordinate Judge, Thiruvannamalai. 2.

The 1st petitioner along with her son-the 2nd petitioner herein resides at Chennai. Hence, she has filed this petition to transfer HMOP.No.59 of 2014 to the file of the learned I Additional Judge, Family Court, 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 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.

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5.

In the result, the Transfer Civil Miscellaneous Petition is allowed by transferring the HMOP.No.59 of 2014 on the file of the learned Subordinate Judge, Thiruvannamalai, to the file of the learned the learned I Additional Judge, Family Court, Chennai. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Subordinate Judge, Thiruvannamalai.

2. The I Additional Judge, Family Court, Chennai.

+1cc to Mr.M.Srividhya, Advocate Sr.49669 +1cc to Mr. V.Jayaprakash Narayanan, Advocate SR.49750 Tr.C.M.P.No.498 of 2014 ev[co] srg 30.09.2015 https://hcservices.ecourts.gov.in/hcservices/