Mrs Priyadharshini v. Mr. D. Appandaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.188 of 2015 & M.P.No.1 of 2015 Mrs.Priyadharshini ... Petitioner/Respondent Vs.

Mr.D.Appandaraj ... Respondent/Petitioner Tr.C.M.P. filed under section 24 of C.P.C., to withdraw H.M.O.P.No.40 of 2013 on the file of Hon'ble Principal Subordinate Court at Tindivanam and transfer the same to the Subordinate Court at Tambaram.

For Petitioner : Mr.Raja Senthoorpandian For Respondent : M/s.M.Kalyani

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No.40 of 2013 on the file of Principal Sub Court, Tindivanam for divorce.

2. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.40 of 2013 from the file of Principal Sub Court, Tindivanam and to transfer the same to the file of Sub Court at Tambaram, since she resides within the jurisdiction of Tambaram Sub Court.

3. It is well settled that in matrimonial disputes, preference would be given to wife in the place of hearing.

4. Considering the same and also in view of section 19(iii-a) of the Hindu Marriage Act, H.M.O.P. may be tried at the place where the wife resides.

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5. In these circumstances, I direct for withdrawal of H.M.O.P.No.40 of 2013 from the file of Principal Sub Court, Tindivanam and transfer the same to the file of Sub Court, Tambaram.

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar arr To

1. The Subordinate Judge, Tindivanam.

2. The Subordinate Judge, Tambaram +1cc to Mr.Raja Senthoorpandian, Advocate, S.R.No.48246 +1cc to Mr.M.Kalyani, Advocate, S.R.No.48220 Tr.C.M.P.No.188 of 2015 SR(CO) CA(22/09/2015) https://hcservices.ecourts.gov.in/hcservices/