Mrs.Santhiya Mol, W/O S.Shabu v. Mr.S.Shabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2015 CORAM :

THE HON'BLE MR. JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.527 of 2015 and M.P.No.1 of 2015 Mrs.Santhiya Mol ... Petitioner/Petitioner Vs.

Mr.S.Shabu ... Respondent/Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., praying to withdraw HMOP.No.42 of 2013 pending on the file of the Subordinate Court, Padmanabhapuram, Kanyakumari District and transfer the same to the file of the I Additional Family Court, Chennai to be tried along with M.C.No.263 of 2015. For Petitioner : Ms.B.Kalarani For Respondent : Mr.C.K.M.Appaji

O R D E R

The petitioner is the wife. She has filed the present transfer petition to transfer the HMOP.No.42 of 2013 filed by her on the file of the Subordinate Court, Padmanabhapuram to the file of the I Additional Family Court, Chennai to be tried along with M.C.No.263 of 2015.

2. Heard both sides.

3. It is a well settled principle that in matrimonial disputes, the convenience of the wife shall be given preference as far as the place of hearing is concerned.

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4. Further, in view of Section 19(iii-a) of the Hindu Marriage Act, 1955, I am inclined to transfer HMOP.No.42 of 2013 pending on the file of the Subordinate Court, Padmanabhapuram to the file of the I Additional Family Court, Chennai to be tried along with M.C.No.263 of 2015.

5. The Transfer Civil Miscellaneous Petition is ordered as prayer for. Consequently, connected miscellaneous petition is closed. No costs.

sd/- ASSISTANT REGISTRAR(CS-II) / TRUE COPY / SUB-ASSISTANT REGISTRAR pgp To

1) The Subordinate Judge, Padmanabhapuram, Kanyakumari District

2) I Additional Judge, Family Court, Chennai +1 CC to Mr.C.K.M.Appaji Advocate. SR.NO. 54980 +2 CC to Mr.B.Kalarani Advocate. SR.NO. 54288 Tr.C.M.P.No.527 of 2015 CO-SR JD 16/10/2015 https://hcservices.ecourts.gov.in/hcservices/