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Madras High CourtTR CMP/663/2014allowed

Mrs.D.Kannigaparameshwari v. R.Vijayakumar

2015-09-14Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.663 of 2014 and M.P.No.1 of 2014 D.Kannigaparameshwari .. PETITIONER Vs R.Vijayakumar .. RESPONDENT Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw the HMOP.No.101 of 2014 pending on the file of the learned Subordinate Judge, Ranipet and transfer the same to the file of the learned Subordinate Judge, Neyveli. For petitioner : M/s.S.Ambigapathi For Respondent : Mr.N.P.Nethaji

O R D E R

The petitioner herein is the wife. The respondent is the husband. The respondent-husband filed HMOP.No.101 of 2014 on the file of the learned Subordinate Judge, Ranipet. 2.

The petitioner resides at Neyveli. Hence, she has filed this petition to transfer HMOP.No.101 of 2014 to Neyveli. 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.101 of 2014 on the file of the learned Subordinate Judge, Ranipet, to the file of the learned Subordinate Judge, Neyveli. No costs. Consequently, connected Miscellaneous Petition is closed.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To

1. The Subordinate Judge, Neyveli.

2. The Subordinate Judge, Ranipet.

+1 cc to Mr.S.Ambigapathi,Advocate(sr.50051) Tr.C.M.P.No.663 of 2014 kk(co) cp 30/09/2015 https://hcservices.ecourts.gov.in/hcservices/