S.Iswarya v. V.R.Vijay Manoj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023 C O R A M THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TR C.M.P. No.533 of 2023 and C.M.P.No.12611 of 2023 S.Iswarya ... Petitioner Vs.

V.R.Vijay Manoj ... Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908 to withdraw H.M.O.P.No.2005 of 2022 pending on the file of the Family Court, Coimbatore and transfer the same to the file of Family Court, Srivilliputhur, Virudhunagar District. For Petitioner : M/s.A.Jagadeeswari For Respondent : M/s.C.Swetha for Mr.A.Thiyagarajan

O R D E R

This Transfer Civil Miscellaneous Petition has been filed by the petitioner seeking to withdraw H.M.O.P.No.2005 of 2022 pending on the file of the Family Court, Coimbatore and transfer the same to the file of Family Court, Srivilliputhur, Virudhunagar District.

2. The case of the petitioner is that she got married with the respondent on 15.05.2022 at Arulmighu Sri Vaala Subramania Swamy Kovil, Virudhunagar as per Hindu Rites and Customs. The respondent has filed a petition for divorce before the Family Court, Coimbatore in H.M.O.P.No.2005 of 2022. As a lady, the petitioner finds it difficult to undertake long travel from Virudhunagar to Coimbatore to attend the Court proceedings. Hence the petitioner has filed this TR.C.M.P.No.533 of 2023.

3. The learned counsel for the petitioner/wife submitted that now the petitioner is residing at Virudhunagar along with parents. The learned counsel further submitted that the petitioner being a lady finds it very difficult to undertake long travel to Coimbatore to attend the Court proceedings. Hence, he prays to transfer the H.M.O.P.No.2005 of 2022, pending on the file of the Family Court, Coimbatore to the file of the Family Court, Srivilliputhur, Virudhunagar District.

4. The learned counsel for the respondent/husband has not made any serious objection to transfer the H.M.O.P.No.2005 of 2022, pending on the file of the Family Court, Coimbatore to the file of the Family Court,

Srivilliputhur, Virudhunagar District.

5. Heard the learned counsel for the petitioner as well as the respondent. Perused the materials available on record. It is well settled law that whenever, the transfer application is filed in matrimonial dispute, the convenience of the wife shall be given preference.

6. In view of the above submission made by the learned counsel appearing for the petitioner and considering the facts and circumstances of the case, this Court is inclined to withdraw the H.M.O.P.No.2005 of 2022 from the file of the Family Court at Coimbatore to the file of the Family Court, Srivilliputhur, Virudhunagar District.

7. In the result, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 10.08.2023 Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order jai

V.BHAVANI SUBBAROYAN, J.

jai To 1.The Family Court, Coimbatore.

2. The Family Court, Srivilliputhur, Coimbatore. TR C.M.P. No.533 of 2023 10.08.2023