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Madras High CourtTR CMP/557/2015allowed

Hemamalini v. P.Krishnakumar

2015-10-05Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.557 of 2015 and M.P.No.1 of 2015 Hemamalini ... Petitioner vs.

P.Krishnakumar ... Respondent Transfer petition has been filed to withdraw the petition in H.M.O.P.No.83 of 2015 from the file of Principal Subordinate Judge, Trichirappalli and to transfer the same to the file of Family Court, Chennai.

For petitioner :

Mr.P.Raja For Respondent : Ms.Rajeswari Karthick, for M/s.Fair and Fair Association

ORDER

The petitioner is the wife and the respondent is the husband. The respondent / husband filed H.M.O.P.No.83 of 2015 on the file of the Principal Subordinate Court, Trichirappalli, seeking divorce. The petitioner / wife resides at Chennai. Hence, she has filed this petition to transfer the petition in H.M.O.P.No.83 of 2015 to the file of Family Court, Chennai.

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.83 of 2015 pending on the file of the learned Principal Subordinate Judge, Trichirappalli has to be transferred to the file of Family Court, Chennai.

3. In the result, the transfer CMP is allowed and the learned Principal Subordinate Judge, Trichirappalli is directed to transfer the petition in H.M.O.P.No.83 of 2015 pending on his file to the file of https://hcservices.ecourts.gov.in/hcservices/

learned Principal Judge, Family Court, Chennai, for disposal. No costs. Consequently, connected miscellaneous petition is closed. -sd/- ASSISTANT REGISTRAR / TRUE COPY / SUB-ASSISTANT REGISTRAR sbi To 1.The Principal Subordinate Judge, Trichirappalli.

2.The Principal Judge, Family Court, Chennai.

+1 CC to M/S.For & Fair Associates Advocate. SR.NO. 53708 Tr.C.M.P.No.557 of 2015 CO-KSJ JD 12/10/2015 https://hcservices.ecourts.gov.in/hcservices/