Mrs.J.Shanthi v. S.Anand @ Gowri Shankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.648 of 2014 and M.P.No.1 of 2014 J.Shanthi .. PETITIONER Vs S.Anand @ Gowri Shankar .. RESPONDENT Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the case in O.P.No.1282 of 2014 on the file of the III Family Court, Chennai and transfer the same to the file of the Principal Sub Court at Cuddalore. For petitioner : Mr.R.Muralidharan For Respondent : Mr.R.S.Anandan

O R D E R

The petitioner herein is the wife. The respondent is the husband. The respondent-husband filed HMOP.No.1282 of 2014 on the file of the learned III Additional Judge, Family Court, Chennai. 2.

The petitioner resides at Cuddalore. Hence, she has filed this petition to transfer HMOP.No.1282 of 2014 to Cuddalore. 3.

Heard both sides.

4.

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.1282 of 2014 on the file of the learned III Additional Judge, Family Court, Chennai, to the file of https://hcservices.ecourts.gov.in/hcservices/

the learned Subordinate Judge, Cuddalore. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar tsi To

1. The Subordinate Judge, Cuddalore.

2. The III Additional Judge, Family Court Chennai. 1 cc to Mr. .R.Muralidharan, Advocate Sr.No.50088 Tr.C.M.P.No.648 of 2014 ksj(co) pmk.1.10.2015 https://hcservices.ecourts.gov.in/hcservices/