← Library
Madras High CourtTR CMP/605/2015allowed

Smt.V.Aishwarya v. Mr.S.Saikrishna

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.605 of 2015 and M.P.No.1 of 2015 V.Aishwarya ... Petitioner vs.

S.Saikrishna ... Respondent Transfer petition has been filed to withdraw H.M.O.P.No.2927 of 2015 on the file of the learned Principal Judge, Family Court, Chennai and transfer the same to the file of learned Subordinate Judge, Tambaram to be tryed along with H.M.O.P.No.294 of 2015 filed by the petitioner.

For petitioner :

Mr.R.Ravi For Respondent : Mrs.S.Manjula

ORDER

The petitioner is the wife and the respondent is the husband. The respondent / husband filed H.M.O.P.No.2927 of 2015 on the file of the learned Principal Judge, Family Court, Chennai for restitution of conjugal rights. The petitioner / wife filed a petition in H.M.O.P.No.294 of 2015 on the file of Sub Court, Tambaram seeking divorce. Now, the petitioner has filed the present transfer petition to transfer H.M.O.P.No.2927 of 2015 pending on the file of the learned Principal Judge, Family Court, Chennai to the file of Sub Court, Tambaram to be tried along with H.M.O.P.No.294 of 2015 filed by her.

2. In view of Section 19(iii)(a) of the Hindu Marriage Act, H.M.O.P. has to 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.2927 of 2015 has to be transferred to the https://hcservices.ecourts.gov.in/hcservices/

file of Sub Court, Tambaram to be tried along with H.M.O.P.No.294 of 2015.

3. In the result, the transfer CMP is allowed and the learned Principal Judge, Family Court, Chennai is directed to transfer the petition in H.M.O.P.No.2927 of 2015 pending on his file to the file of Sub Court, Tambaram to be tried along with H.M.O.P.No.294 of 2015.

No costs.

Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar(CSV) dt:09/10/2015 True Copy Sub-Assistant Registrar To 1.The Principal Judge, Family Court, Chennai.

2.The Subordinate Judge, Tambaram.

+1 cc to M/S.R.Ravi Advocate sr.53742 Tr.C.M.P.No.605 of 2015 sal(co) aa12/10/2015 https://hcservices.ecourts.gov.in/hcservices/