S. Geetha v. M. Senthil Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.924 of 2015 and MP.No.1 of 2015 S.Geetha
...Petitioner
versus M.Senthil Kumar
...Respondent
PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw and transfer GWOP No.47 of 2014 on the file of District Court, Ariyalur to the District Court, Thiruvarur for trial and enquiry in accordance with law.
For Petitioner : Mr.S.Arumugam For Respondent : No appearance
O R D E R
The respondent initiated proceedings in GWOP No.47 of 2014, before the District Court at Ariyalur. The petitioner, who is shown as the respondent in the said original proceedings has come up with this transfer petition.
2. Heard the learned counsel for the petitioner. None appears on behalf of the respondent.
3. The proceedings in GWOP No.47of 2014 is now pending on the file of District Court, Ariyalur. The petitioner is a permanent resident of Mannarkudi. According to the petitioner, it would not be possible for her to appear before the Court at Ariyalur for the purpose of defending the proceedings in GWOP No.47 of 2014. There is nothing on record to disbelieve the case pleaded by the petitioner. I am therefore of the view that the transfer petition deserves to be allowed.
4. Section 19(iii-a) of the Hindu Marriage Act, permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.
5. The proceedings in G.W.O.P.No.47 of 2014 is withdrawn from the file of District Court, Ariyalur and is transferred to the file of District Court, Thiruvarur for disposal on merits. https://hcservices.ecourts.gov.in/hcservices/
6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar svki To 1.The District Court, Ariyalur 2.The District Court, Thiruvarur Transfer CMP No.924 of 2015 ctk(co) aa23/11/2016 https://hcservices.ecourts.gov.in/hcservices/