P. Bharathi v. B. Palanikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.13116 of 2022 P.Bharathi ... Petitioner vs B.Palanikumar ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, pleased to withdraw the case in F.C.O.P.No.193 of 2022 on the file of Family Court, Erode and to transfer the same to any of the Family Court, Chennai.
For Petitioner : Mr.Dhandapani For Respondent : No appearance
ORDER
The petitioner/wife has come up with this transfer Civil Miscellaneous Petition, seeking transfer of the petition for divorce filed by the respondent/husband in F.C.O.P.No.193 of 2022 from the file of Family 1/4
Court, Erode to the file of Family Court, Chennai.
2. According to the petitioner/wife, she is residing at Chennai and she is having two female children aged about 11 and 8 years.
3. Though the respondent was served and his name appears in the cause list, there is no representation for the respondent.
4. It is settled law that in the matrimonial cases, the convenience of the wife shall be given preference. In the case on hand, the petitioner/wife is residing at Chennai and she is also having two female children aged about 11 and 8 years and hence, it may not be convenient for her to undertake long travel to Erode to attend the Court proceedings. By considering the facts and circumstances of the case and convenience of the wife, this Court is inclined to order the above transfer application.
5. Accordingly, the transfer Civil Miscellaneous Petition is allowed by withdrawing the F.C.O.P.No.193 of 2022, from the file of Family Court, 2/4
Erode and transferring the same to the file of Family Court, Chennai. No costs. Consequently, connected miscellaneous petition is closed. 28.09.2022 Index : Yes / No Internet : Yes / No Speaking Order : Yes / No nti To 1.The Family Court, Erode.
2.The Family Court, Chennai.
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S.SOUNTHAR , J.
nti and CMP.No.13116 of 2022 28.09.2022 4/4