L.Saranya v. M.Om Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2017 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P. No.284 of 2017 and C.M.P.No.5399 of 2017 L.Saranya ... Petitioner Vs.

M.OmPrakash ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.87 of 2017 from the file of the Family Court, Tiruchirappalli and transfer to any one of the Family Courts, Chennai.

For Petitioner : Mr.S.Kasirajan For Respondent : Mr.K.M.Karunakaran

O R D E R

This petition is filed to withdraw H.M.O.P.No.87 of 2017 from the file of the Family Court, Tiruchirappalli and transfer to any one of the Family Courts, Chennai.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 07.09.2014 as per Hindu rites and customs. In the wedlock, a male child was born to them on 08.06.2015. Due to difference of opinion, both the petitioner and respondent are living separately. The respondent filed H.M.O.P.No.87 of 2017 for divorce before the Family Court, Tiruchirappalli.

3. According to the petitioner, she is residing at Chennai with her parents along with her minor child. The distance between Chennai and Tiruchirappalli is more than 400 kilometres and hence, it is very difficult for her to travel from Chennai to Tiruchirappalli to attend the hearing before Family Court, Tiruchirappalli. Further, the petitioner has no independent income and is depending on her parents for her dayto-day expenses including travelling expenses. Therefore, she prays for transfer of H.M.O.P.No.87 of 2017 from the file of the Family Court, Tiruchirappalli to the file of the Family https://hcservices.ecourts.gov.in/hcservices/

Court, Chennai.

4. Heard the learned counsel for the petitioner and the respondent.

5. It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another].

6. Having regard to the submissions made by the learned counsel for the petitioner and with the above cited decisions, the petition in H.M.O.P.No.87 of 2017 is ordered to be withdrawn from the file of the Family Court, Tiruchirappalli and transferred to the file of the Family Court, Chennai. The Presiding Officer, Family Court, Tiruchirappalli, is directed to transmit all the records pertaining to H.M.O.P.No. 87 of 2017 to the file of the Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gv To

1. The Family Court, Tiruchirappalli.

2. The Family Court, Chennai.

+1cc to Mr.S.Kasirajan, Advocate, S.R.No.44664 Tr.C.M.P. No.284 of 2017 and C.M.P.No.5399 of 2017 GMI(CO) CS/25/07/17 https://hcservices.ecourts.gov.in/hcservices/