S. Ramesh v. K. Mehala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.613 of 2015 & M.P.No.1 of 2015 S.Ramesh ... Petitioner v.

K.Mehala ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw O.P.No.2710 of 2015 pending on the file of the III Additional Family Court, Chennai and transfer the same to the file of the Principal Sub Court, Namakkal to be tried along with HMOP No.14 of 2014. For Petitioner : Mr.T.Dhanyakumar

O R D E R

The petitioner has filed the above Transfer C.M.P. to withdraw O.P.No.2710 of 2015 filed by the respondent-wife, on the file of III Additional Family Court, Chennai and transfer the same to the file of the Principal Sub Court, Namakkal to be tried along with HMOP No.14 of 2014, which is filed by the petitionerhusband.

2. Taking note of section 19(iii-a) of the Hindu Marriage Act and also it is well settled law that in the matrimonial dispute, preference should be given to the wife with respect to the place of hearing, I am not inclined to transfer O.P.No.2710 of 2015 filed by the wife from Chennai to Namakkal.

3. On the other hand, in order to meet the ends of justice, I am inclined to transfer HMOP No.14 of 2014 filed by the husband from Namakkal to Chennai, so that the parties would have a joint trial.

4. Accordingly, a direction is issued to transfer HMOP No.14 of 2014 from the file of Principal Sub Court, Namakkal to the file https://hcservices.ecourts.gov.in/hcservices/

of III Additional Family Court, Chennai to be tried along with O.P.No.2710 of 2015.

The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar Rj To

1. III Additional Family Court, Chennai 2.The Principal Sub Court, Namakkal +1 cc to Mr.T.Dhanyakumar Advocate vide sr.46935 Tr.C.M.P.No.613 of 2015 & M.P.No.1 of 2015 aa16/09/2015 https://hcservices.ecourts.gov.in/hcservices/