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Madras High CourtTR CMP/672/2014allowed

Bhuvana v. C.Kaliyarasan

2015-09-15Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.672 of 2014 & M.P.No.1 of 2014 Bhuvana ... Petitioner v.

C.Kalaiyarasan ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the petition in H.M.O.P.No.6 of 2013 from the file of Subordinate Court, Chidambaram and transfer the same to the file of the Subordinate Court at Thiruvarur, Thiruvarur District. For Petitioner : Mr.S.M.K.Raja For Respondent : Mr.S.T.Raja for M/s.Om Sai Ram Asso.

O R D E R

The petitioner is the wife of the respondent. She has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.6 of 2013 from the file of Subordinate Court, Chidambaram and transfer the same to the file of Subordinate Court at Thiruvarur, Thiruvarur District.

2. Learned counsel for the respondent strenuously objected for transferring H.M.O.P.No.6 of 2013 from Chidambaram to Thiruvaur stating that the father of the petitioner is serving as Sub Inspector of Police in Thiruvarur District.

3. In my considered view, the husband cannot resist the transfer petition on the ground that the father of the petitionerwife is serving as Sub Inspector of Police in Thiruvarur District.

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.6 of 2013 filed by the husband from Chidambaram to Thiruvarur https://hcservices.ecourts.gov.in/hcservices/

5.

Accordingly, a direction is issued to transfer H.M.O.P.No.6 of 2013 from the file of Subordinate Court, Chidambaram and transfer the same to the file of Subordinate Court at Thiruvarur, Thiruvarur Distric Chidambaram.

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (LA ) /true copy/ Sub Asst. Registrar Rj To

1. The Subordinate Court, Chidambaram 2.The Subordinate Court, Thiruvarur, Thiruvarur District.

+1 cc to Mr.S.T.Raja, Advocate, sr.50429 +1 cc to Mr.R.Thamaraiselvam, Advocate, sr.50882 Tr.C.M.P.No.672 of 2014 & M.P.No.1 of 2014 nm co kra 29/09 https://hcservices.ecourts.gov.in/hcservices/