Mrs.S.Indhumathi v. Mr.P.Kamesh Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2015
CORAM:
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.656 of 2014 and M.P.No.1 of 2014 S.Indhumathi .. PETITIONER Vs P.Kamesh Kumar .. RESPONDENT Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the HMOP.No.794 of 2013 on the file of the Principal Subordinate Judge, Trichy and transfer the same to the Family Court, Chennai.
For petitioner : Mr.A.M.Ayyadurai For Respondent : Mr.K.Sudhakar
O R D E R
The petitioner herein is the wife. The respondent is the husband. The respondent-husband filed HMOP.No.794 of 2013 on the file of the learned Principal Subordinate Judge, Trichy. 2.
The petitioner resides at Chennai. Hence, she has filed this petition to transfer HMOP.No.794 of 2013 to Chennai. 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.
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5.
In the result, the Transfer Civil Miscellaneous Petition is allowed by transferring the HMOP.No.794 of 2013 on the file of the learned Principal Subordinate Judge, Trichy, to the file of the Family Court, Chennai.
No costs.
Consequently, connected Miscellaneous Petition is closed.
-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To
1. The Principal Subordinate Judge, Trichy.
Chennai.
2. The Family court,judge, chennai.
+1 cc to Mr.A.M.Ayyadurai,Advocate(sr.50053) Tr.C.M.P.No.656 of 2014 kk(co) cp 30/09/2015 https://hcservices.ecourts.gov.in/hcservices/