R.Iswarya v. D.Soundararajan@ Gavaskar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR TR.C.M.P.No.470 of 2022 and C.M.P.No.8459 of 2022 R.Iswarya ... Petitioner Vs.

D.Soundararajan @ Gavaskar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to direct withdrawal of the H.M.O.P.No.210 of 2021 pending on the file of the Sub Court at Alandur and transfer the same to the Family Court at Puducherry.

For Petitioner : M/s.C.M.Mohanasundaram For Respondent : M/s.T.A.Shagul Hameed

O R D E R

This transfer petition is filed by the petitioner/wife seeking transfer of petition for divorce filed by the respondent/husband in H.M.O.P.No.210 of 2021 pending on the file of the Sub Court, Alandur and transfer the same to the Family Court, Puducherry.

2. According to the petitioner/wife, she is residing at Puducherry along with her parents and she is having a child aged about 4 years.

3. It is settled law that in cases involving matrimonial dispute, the preference shall be given to the convenience of the petitioner/wife.

4. In the case on hand, the petitioner is residing at Puducherry and she is having a child aged about four years. She also expressed her difficulty in undertaking long travel to Alandur to attend the Court hearings. By taking into consideration the convenience of the petitioner/wife, this Court is inclined to order the above transfer petition as indicated below.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The petition filed by the respondent/husband in H.M.O.P.No.210 of 2021 on the file of the Sub Court Alandur is withdrawn and transferred to the Family Court, Puducherry. No costs. Consequently, connected miscellaneous petition is closed.

6. The learned counsel for the respondent made a request to this Court stating that matter may be referred to mediation centre for exploring possibility of

amicable settlement between the parties. It is always open to the respondent to make such requests before the Family Court, Puducherry for exploring possibility of amicable settlement.

28.11.2022 Index: Yes/ No Speaking Order / Non-Speaking Order jai To

1. The Sub Court, Alandur.

2. The Family Court, Puducherry.

S.SOUNTHAR , J.

jai TR.CMP.No.470 of 2022 28.11.2022