R.Savitha @ Savithiri v. S.Ravi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2015
CORAM
THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.564 of 2014 & M.P.No.1 of 2014 R.Savitha@Savithiri ... Petitioner Vs.
S.Ravi ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw H.M.O.P.No.109 of 2013 pending on the file of the Principal Subordinate Judge, Krishnagiri and transfer the same to the Principal Subordinate Judge, Thiruvannamalai. For Petitioner : Mr.P.G.Thiyagu For Respondent : Mr.V.Nicholas
O R D E R
The petitioner is the wife of the respondent. The respondent filed HMOP No.109 of 2013 on the file of Principal Subordinate Judge, Krishnagiri for restitution of conjugal rights.
1. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.109 of 2013 from the file of Principal Subordinate Court, Krishnagiri and to transfer the same to the file of Principal Subordinate Court, Tiruvannamalai, since she resides within the jurisdiction of Principal Subordinate Court, Tiruvannamalai.
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.
5. In these circumstances, I direct for withdrawal of H.M.O.P.No.109 of 2013 from the file of Subordinate Court, https://hcservices.ecourts.gov.in/hcservices/
Krishnagiri and transfer the same to the file of Principal Subordinate Court, Tiruvannamalai.
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 arr To
1. The Principal Subordinate Judge, Krishnagiri.
2. The Principal Subordinate Judge, Tiruvannamalai.
+1cc to M/s.V.Nicholas, Advocate, S.R.No.48414 +1cc to Mr.P.G.Thiyagu, Advocate, S.R.No.48767 Tr.C.M.P.No.564 of 2014 MG(CO) CA(23/09/2015) https://hcservices.ecourts.gov.in/hcservices/