Madras High CourtTR CMP/563/2014ordered

Mrs.Valarmathi v. Mr.K.Vinoth

2015-09-07Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.563 of 2014 & M.P.No.1 of 2014 Mrs.Valarmathi ... Petitioner Vs.

Mr.K.Vinoth ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to direct the respondent to withdraw HMOP No.20/2013 pending on the file of Sub Court, Arni to transfer the same to III Additional Family Court, Chennai and to joint trial along with MC. No.72/2013 pending on the file of III Additional Family Court, Chennai. For Petitioner : Mr.M.Suresh For Respondent : Mr.D.S.Thirumavalavan

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No.20 of 2013 on the file of Sub Court, Arni for restitution of conjugal rights.

2. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.20 of 2013 from the file of Sub Court, Arni and to transfer the same to the file of III Additional Family Court, Chennai, for being tried along with M.C.No.72 of 2013 filed by the petitioner.

3. It is well settled that in Matrimonial disputes, preference would be given to wife in the place of hearing.

4. Considering the same and also 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.

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

5. In these circumstances, I direct for withdrawal of H.M.O.P.No.20 of 2013 from the file of Subordinate Court, Arni and to transfer the same to the file of III Additional Family Court, Chennai to be tried along with M.C.No.72 of 2013. The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar arr To

1. The Sub Ordinate Judge, Arni.

2. The III Additional Family Court, Chennai.

+2cc's to Mr.M.Suresh, Advocate, S.R.No.48570 +1cc to Mr.D.S.Thirumavalavan, Advocate, S.R.No.48850 Tr.C.M.P.No.563 of 2014 VD(CO) CA(29/09/2015) https://hcservices.ecourts.gov.in/hcservices/