Mrs.Yazhini v. S.Sathish Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.618 of 2015 and M.P.No.1 of 2015 Yazhini ... Petitioner vs.
S.Sathishkumar ... Respondent Transfer petition has been filed to withdraw and transfer the petition in Hindu Marriage Act Original Petition filed in O.P.No.4982 of 2014 from the file of learned II Additional Family Court at Chennai to Principal District Family Court at Puducherry or competent Court to try the same.
For petitioner :
Mr.P.M.Bakthavatchalam For Respondent :
Mr.M.G.Harikrishnan
ORDER
The petitioner is the wife and the respondent is the husband. The respondent / husband filed O.P.No.4982 of 2014 on the file of II Additional Family Court at Chennai, seeking divorce. The petitioner / wife resides at Pondicherry. Hence, she has filed this petition to transfer the petition in O.P.No.4982 of 2014 to the file of Principal District Family Court at Puducherry.
2. In view of Section 19(iii)(a) of the Hindu Marriage Act, 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 O.P.No.4982 of 2014 pending on the file of II Additional Family Court at Chennai has to be transferred to the file of Principal District Family Court at Puducherry.
3. In the result, the transfer CMP is allowed and the learned II Additional Judge, Family Court, Chennai is directed to transfer the petition in O.P.No.4982 of 2014 pending on his file to the file of learned Principal District Judge, Family Court, https://hcservices.ecourts.gov.in/hcservices/
Puducherry, for disposal. No costs. Consequently, connected miscellaneous petition is closed.
-s/dAssistant Registrar(CSIII) dt:13/10/2015 True Copy Sub-Assistant Registrar vsm To 1.The II Additional Judge, Family Court, Chennai, 2.The Principal District Judge, Family Court, Puducherry.
+1 cc to Mr.P.M.Bakthavatchalam Advocate sr.54464 +1 cc to M.G.Harikrishnan Advocate sr.55299 Tr.C.M.P.No.618 of 2015 tm(co) aa14/10/2015 https://hcservices.ecourts.gov.in/hcservices/