Lakshmi Priya v. S.Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2017 CORAM :
THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P. No.324 of 2017 and C.M.P.No.6194 of 2017 Lakshmi Priya ... Petitioner Vs.
S.Venkatesh ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw and transfer the O.P.No.3645 of 2015 pending on the file of the III Additional Family Court, Chennai to the file of the Sub Court, Karur to be tried along with the H.M.O.P.No.275 of 2016.
For Petitioner : Mrs.L.Kavitha For Respondent : Mrs.P.V.Jaya Kumari
O R D E R
This petition is filed to withdraw to withdraw O.P.No.3645 of 2015 from the file of the III Additional Family Court, Chennai and transfer to the file of the Sub Court, Karur.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 13.02.2005 as per Hindu rites and customs. In the wedlock, a female child
was born to them on 02.12.2006. Due to difference of opinion, both the petitioner and respondent are living separately. The respondent filed O.P.No.3645 of 2015 for divorce before the file of the III Additional Family Court, Chennai. The petitioner also filed H.M.O.P.No.275 of 2016 and D.V.No.3 of 2017 on the file of the learned Judicial Magistrate, Karur.
3. According to the petitioner, she is residing at Karur with her parents along with her minor child. The distance between Chennai and Karur is more than 400 kilometres and hence, it is very difficult for her to travel from Karur to Chennai to attend the hearing before the III Additional Family Court, Chennai. Further, the petitioner has no independent income and is depending on her parents for her day-to-day expenses including travelling expenses. Therefore, she prays for transfer of O.P.No.3645 of 2015 from the file of the III Additional Family Court, Chennai to the file of the Sub Court, Karur and to be tried along with the H.M.O.P.No.275 of 2016.
4. Heard the learned counsel for the petitioner and the respondent.
5. It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another
Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another].
6. Having regard to the submissions made by the learned counsel for the petitioner and with the above cited decisions, the petition in O.P.No.3645 of 2015 is ordered to be withdrawn from the file of the III Additional Family Court, Chennai and transferred to the file of the Sub Court, Karur. The Presiding Officer, III Additional Family Court, Chennai, is directed to transmit all the records pertaining to O.P.No.3645 of 2015 to the file of the Sub Court, Karur, within a period of two weeks from the date of receipt of a copy of this order and to be tried along with the H.M.O.P.No.275 of 2016..
Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed. 30.06.2017 gv V.M.VELUMANI,J.
gv/at To
1. IIIrd Additional Family Court, Chennai
2. Sub Court, Karur.
Tr.C.M.P. No.324 of 2017 and C.M.P.No.6194 of 2017 30.06.2017 http://www.judis.nic.in