K.J.Swathi @ Monicka v. G.L.Jagadeesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.274 of 2015 and M.P.No.1 of 2015 K.J.Swathi @ Monicka ... Petitioner vs.

G.L.Jagadeesan ... Respondent Transfer petition has been filed to withdraw H.M.O.P.No.51 of 2015 pending on the file of Sub Court, Poonamallee and transfer the same to Sub Court, Gudiyatham.

For petitioner :

Mr.T.Dhanyakumar For Respondent :

Mr.K.T.S.Sivakumar

ORDER

The petitioner is the wife and the respondent is the husband. The respondent / husband filed H.M.O.P.No.51 of 2015 on the file of Subordinate Court, Poonamallee, seeking divorce. The petitioner / wife resides at Gudiyatham, Vellore District. Hence, she has filed this petition to transfer the petition in H.M.O.P.No.51 of 2015 to the file of Sub Court, Gudiyatham.

2. 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. In the matrimonial disputes, preference should be given to the convenience of the wife as to the place of hearing. Hence, I am of the view that H.M.O.P.No.51 of 2015 pending on the file of the learned Subordinate Judge, Poonamallee has to be transferred to the file of Sub Court, Gudiyatham.

3. In the result, the transfer CMP is allowed and the learned Subordinate Judge, Poonamallee is directed to transfer the https://hcservices.ecourts.gov.in/hcservices/

petition in H.M.O.P.No.51 of 2015 pending on his file to the file of learned Subordinate Judge, Gudiyatham, for disposal. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vsm To 1.The Subordinate Judge, Poonamallee.

2.The Subordinate Judge, Gudiyatham.

+1 cc to Mr.T.Dhanyakumar, Advocate, sr.54861 +2 ccs to Mr.K.t.S.Sivakumar, Advocate, sr.54610 & 33152 Tr.C.M.P.No.274 of 2015 tm co kra 13/10 https://hcservices.ecourts.gov.in/hcservices/