S. Gayathri v. R. Prabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.588 of 2015 and M.P.No.1 of 2015 S.Gayathri ... Petitioner vs.

R.Prabu ... Respondent Transfer petition has been filed to withdraw the case in H.M.O.P.No.110 of 2015 from the file of Sub Court, Mettur and transfer the same to the file of Family Court, Chennai. For petitioner : Ms.K.Sumathi For Respondent : Mr.A.John Britto

ORDER

The petitioner is the wife and the respondent is the husband. The respondent/husband filed H.M.O.P.No.110 of 2015 on the file of Subordinate Court, Mettur, seeking divorce. The petitioner/wife resides at Chennai. Hence, she has filed this petition to transfer the petition in H.M.O.P.No.110 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.110 of 2015 pending on the file of the learned Subordinate Judge, Mettur has to be transferred to the file of Family Court, Chennai.

https://hcservices.ecourts.gov.in/hcservices/

3. In the result, the transfer CMP is allowed and the learned Subordinate Judge, Mettur is directed to transfer the petition in H.M.O.P.No.110 of 2015 pending on his file to the file of Family Court, Chennai, for disposal. No costs. Consequently, connected miscellaneous petition is closed.

vsm Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar To

1. The Subordinate Judge, Mettur.

2. The Judge, The Family Court, Chennai.

+1 C.C. To M/S.K.Sumathi, Advocate in SR.NO.54386 +1 C.C. To MR.A.John Britto, Advocate in SR.NO.55022 Tr.C.M.P.No.588 of 2015 RSK(CO) sd : 16/10/2015 https://hcservices.ecourts.gov.in/hcservices/