Mrs.K.Saranya v. G.Venkata Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.640 of 2014 and M.P.No.1 of 2014 --- K.Saranya .. PETITIONER Vs G.Venkata Subramani .. RESPONDENT Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the HMOP.No.29 of 2014 and transfer the same from the file of the Subordinate Judge, Tirutani to the Family Court at Chennai pending adjudication. For petitioner : Ms.Subhashini for M/s.Chennai Law Associates For Respondent : Mr.K.Govi Ganesan

O R D E R

The petitioner herein is the wife. The respondent is the husband. The respondent-husband filed HMOP.No.29 of 2014 on the file of the learned Subordinate Judge, Tirutani.

2.

The petitioner resides at Velacherry, Chennai. Hence, she has filed this petition to transfer HMOP.No.29 of 2014 to Chennai. 3.

Heard both sides.

4.

The Subordinate Court, Tambaram is nearer to Velachery where the petitioner resides than the Family Courts at Chennai. Further, it is well settled in the matrimonial disputes that the convenience of wife is given preference in the matter of place of hearing. Furthermore, Section 19(iii)(a) of the Hindu Marriages Act states that the matrimonial disputes could be heard at the place of residence of the wife. For all the aforesaid reasons, I am inclined to allow this petition.

5.

In the result, the Transfer Civil Miscellaneous Petition is allowed by transferring the HMOP.No.29 of 2014 on the file of the https://hcservices.ecourts.gov.in/hcservices/

learned Subordinate Judge, Tirutani, to the file of the Subordinate Judge, Tambaram, Chennai. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/dAssistant Registrar(CSII) dt:29/9/2015 True Copy Sub-Assistant Registrar To

1. The Subordinate Judge, Tirutani.

2. The Subordinate Judge, Tambaram.

+1 cc to M/S.K.GoviGanesan Advocate sr.50104 +2 cc to M/S.Chinna law Associates Advocate sr.49911 Tr.C.M.P.No.640 of 2014 aa1/10/2015 https://hcservices.ecourts.gov.in/hcservices/