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Madras High CourtTR CMP/55/2014allowed

Shanthi v. Ramachandran

2015-08-20Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.55 of 2014 and M.P.No.1 of 2014 Shanthi ... Petitioner Vs.

Ramachandran ... Respondent Transfer petition has been filed to withdraw F.C.O.P. No.495 of 2013, on the file of the Family Court, Salem and to transfer the same to the Sub Court, Bhavani, or any other competent Court at Erode District.

For petitioner :

Mr.N.Manokaran For Respondent : Mrs.A.M.Amutha Ganesh

ORDER

The petitioner is the wife. The respondent is the husband. The respondent husband filed F.C.O.P.No.495 of 2013 on the file of the Family Court, Salem for dissolution of marriage. The petitioner wife resides at Bhavani, Erode District. Hence, she has filed this petition to transfer the said petition to the file of Sub Court, Bhavani.

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 F.C.O.P.No.495 of 2013 pending on the file of the Family Court, Salem has to be transferred to the file of Sub Court, Bhavani, Erode District.

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

3. In the result, the transfer CMP is allowed and the learned Judge of Family Court at Salem is directed to transfer the petition in F.C.O.P.No.495 of 2013 pending on his file to the file of learned Sub Judge, Bhavani, Erode District, for disposal. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sbi To

1. The Family Judge, Salem.

2. The Sub Judge, Bhavani, Erode District.

+1cc to Mr.A.M.Amutha Ganesh, Advocate, S.R.No.44279 +1cc to M/s.N.Manokaran, Advocate, S.R.No.44388 Tr.C.M.P.No.55 of 2014 RSI(CO) CA(11/09/2015) https://hcservices.ecourts.gov.in/hcservices/