Usha v. Sundarapandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.532 of 2014 & M.P.No.1 of 2014 1.Usha 2.Minor Paavai Represented by her mother the 1st petitioner ... Petitioners v.

Sundarapandian ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw O.S.No.95 of 2011 on the file of Subordinate Judge, Tindivanam and transfer the proceedings to the file of the court of the Subordinate Judge, Chengelpet.

For Petitioners : Mr.V.Raghavachari For Respondent : Mr.M.Kempraj

O R D E R

The first petitioner is the wife of the respondent. The petitioner filed O.S.No.95 of 2011 on the file of the Subordinate Court, Tindivanam, for maintenance.

2. The petitioner has filed the above Transfer C.M.P. to withdraw O.P.No.95 of 2011 from the file of the Sub-Court, Tindivanam and transfer the same to the file of Sub-Court, Chengelpet.

3. Taking note of section 19(iii-a) of the Hindu Marriage Act and in view of well settled law that in matrimonial disputes, preference should be given to the wife, OP may be tried at the place where the wife resides.

4. In these circumstances, I direct for withdrawal of O.P.No.95 of 2011 from the file of Sub-Court, Tindivanam and transfer the same to the file of Sub-Court, Chengelpet. The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar svki https://hcservices.ecourts.gov.in/hcservices/

To

1. The Sub Judge, Tindivanam

2. The Sub-Judge, Chengelpet.

+ 1 cc to M/s. V. Raghavachari, Advocate Sr.49030 Tr.C.M.P.No.532 of 2014 MP(CO) EU 24.09.15 https://hcservices.ecourts.gov.in/hcservices/