Geetha v. Kalidoss

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.642 of 2014 & M.P.No.1 of 2014 Geetha ... Petitioner v.

Kalidoss ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw H.M.O.P. No.122 of 2014 from the file of Principal Sub Court, Thiruchirapalli and transfer the same to the file of the Principal Sub Court, Mayiladuturai to be tried along with HMOP No.77 of 2014. For Petitioner : Mr.S.Sounthar For Respondent : Mr.Vijay Anand

O R D E R

The petitioner is the wife of the respondent. She has filed H.M.O.P.No. 77 of 2014 on the file Principal Sub Court, Mayiladuturai for restitution of conjugal rights, while the respondent-husband filed H.M.O.P. No.122 of 2014 on the file of Principal Sub Court, Thiruchirapalli for dissolution of the marriage.

2. The petitioner herein has sought to withdraw H.M.O.P. No.122 of 2014 from the file of Principal Sub Court, Thiruchirapalli and to transfer the same to the Principal Sub Court, Mayiladuturai to be tried along with H.M.O.P.No. 77 of 2014

3. Heard both sides.

4. Taking note of section 19(iii-a) of the Hindu Marriage Act and also it is well settled law that in the matrimonial dispute, preference should be given to the wife with respect to the place of hearing, I am inclined to transfer H.M.O.P. No.122 of 2014 filed by https://hcservices.ecourts.gov.in/hcservices/

the husband from Trichirapalli to Mayiladuturai.

5. Accordingly, a direction is issued to transfer H.M.O.P. No.122 of 2014 from the file of Principal Sub Court, Thiruchirapalli and to transfer the same to the Principal Sub Court, Mayiladuturai to be tried along with H.M.O.P.No. 77 of 2014. The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar(LA) dt:29/9/2015 True Copy Sub-Assistant Registrar Rj To 1.The Principal Sub Court, Thiruchirapalli .

2.The Principal Sub Court, Mayiladuturai +1 cc to Mr.S.Vijay Anand Advocate sr.50139 +1 cc to S.Sounthar Advocate sr.50365 Tr.C.M.P.No.642 of 2014 & M.P.No.1 of 2014 aa1/10/2015 https://hcservices.ecourts.gov.in/hcservices/