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Madras High CourtTR CMP/166/2015allowed

V.Bhuvaneswari v. T.Viswanathasivan

2015-10-12Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2015

CORAM

The Hon'ble Mr.Justice D.Hariparanthaman Tr. C.M.P.No.166 of 2015 and Tr.C.M.P.(MD)No.259 of 2015 and M.P.Nos.1 & 1 of 2012 V.Bhuvaneswari ... Petitioner in Tr.C.M.P.No.166 of 2015

...Respondent in Tr.C.M.P.(MD)No.259 of 2015

Vs.

T.Viswanathasivan

...Respondent in Tr.C.M.P.No.166 of 2015 ...

Petitioner in Tr.C.M.P.(MD)No.259 of 2015 Prayer in Tr.C.M.P.No.166 of 2015 Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure with a prayer to withdraw H.M.O.P.No.7 of 2015, from the file of the Family Court, Erode, and transfer the same to I Additional Sub Court, Nagercoil. Prayer in Tr.C.M.P.(MD)No.259 of 2015 Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure with a prayer to withdraw H.M.O.P.No.23 of 2015, from the file of the I Additional Sub Court, Nagercoil. and transfer the same to Family Court, Madurai, or any other Court at Madurai.

Tr.C.M.P.No.166 of 2015 For Petitioner :

Mr.P.M.Subramaniam For Respondent :

Mr.V.Paul Das Tr.C.M.P.(MD)No.259 of 2015 For Petitioner :

Mr.V.Paul Das, for M/s.D.Saravanan For Respondent :

Mr.P.M.Subramaniam for M/s.M.S.Sureshkumar COMMON O R D E R The Petition, viz., Tr.C.M.P.No.166 of 2015, is filed by https://hcservices.ecourts.gov.in/hcservices/

the wife and Tr.C.M.P.(MD)No.259 of 2015, has been filed by the husband.

2. The husband filed a Petition in H.M.O.P.No.7 of 2015, on the file of the Family Court, Erode, for dissolution of marriage and the wife filed H.M.O.P.No.23 of 2015, on the file of I Additional Sub Court, Nagercoil, for restitution of conjugal rights.

3. Heard both sides.

4. In view of Section 19(iii)(a) of the Hindu Marriage Act, which enunciates that H.M.O.P. can be tried at the place where the wife resides, and considering the law laid down by the Hon'ble Supreme Court that in matrimonial disputes, preference should be given to the convenience of the wife as to the place of hearing, I am of the view that H.M.O.P.No.7 of 2015, filed by the husband has to be transferred to the Court, where, the wife has filed Petition for restitution of conjugal rights.

5. In the result, the Transfer Civil Miscellaneous Petition filed by the wife, Tr.C.M.P.No.166 of 2015, is allowed, and the Family Court, Erode, is directed to transfer H.M.O.P.No.7 of 2015, to I Additional Sub Court, Nagercoil, to be tried along with H.M.O.P.No.23 of 2015. Consequent to the order passed in Tr.C.M.P.No.166 of 2015, the petition filed by the husband, viz., Tr.C.M.P.(MD)No.259 of 2015 is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar sd To I) Family Court, Erode.

2 The I Additional Sub Court, Nagercoil.

+1 cc to M/s.V.Paul Das,Advocate(sr.55690) +1 cc M/s.P.M.Subramaniam,Advocate(sr.55445) +1 cc M/s.S.Sureshkumar,Advocate(sr.55446) Tr.C.M.P.No.166 of 2015 and Tr.C.M.P.(MD)No.259 of 2015 MP(co) cp 28/10/2015 https://hcservices.ecourts.gov.in/hcservices/