N.Sathiya v. R.Ravichandhiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.566 of 2014 & M.P.No.1 of 2014 N.Sathiya ... Petitioner v.

R.Ravichandran ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw and to transfer the H.M.O.P.No.51 of 2014 on the file of the Hon'ble Principal Sub Court, Tindivanam to the file of Sub Court, Tamabarm and tried along with M.C.No.40 of 2014.

For Petitioner : Mr.P.Gunaraj For Respondent : No appearance

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No.51 of 2014 on the file of Principal Sub Judge, Thindivanam for divorce.

2. The petitioner has filed the above Transfer C.M.P. to withdraw HMOP No.51 of 2014 on the file of Principal Sub Judge, Thindivanam and to transfer the same to the file of Sub Court, Tambaram, for being tried along with MC No.40 of 2014 filed by the petitioner.

3. Though notice was served on the respondent, he has not chosen to appear.

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

5. 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.

6. In these circumstances, I direct for withdrawal of HMOP No.51 of 2014 from the file of Principal Sub Court, Tindivanam and to transfer the same to the file of Sub Court, Tambaram. https://hcservices.ecourts.gov.in/hcservices/

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To

1. The Principal Sub Court, Tindivanam.

2. The Sub Court, Tambaram.

Tr.C.M.P.No.566 of 2014 & M.P.No.1 of 2014 ggk[co] srg 29.09.2015 https://hcservices.ecourts.gov.in/hcservices/