A.Rajapriya v. R. Anandaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.14401 of 2022 A.Rajapriya ... Petitioner Vs.

R.Anandaraj ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw the proceedings in HMOP.No.6 of 2022, on the file of the learned Sub-Court, Poonamallee and transfer the same to the learned Subordinate Judge's Court, Pattukottai, Thanjavur District. For Petitioner : Mr.R.Gunasekaran For Respondent : Mr.C.Harish 1/4

ORDER

This transfer petition is filed by the petitioner/wife seeking transfer of petition for divorce filed by the respondent/husband in HMOP.No.6 of 2022 from the file of the Sub-Court, Poonamallee, to the file of the Sub-Court, Pattukottai, Thanjavur District.

2. According to the petitioner/wife, she is residing at Pattukottai and she is having a school going child. Therefore, it is stated that it would not be convenient for the petitioner to undertake a travel to Poonamalle to attend the hearing before the Sub-Court, Poonamalle.

3. It is settled law that, in a case involving matrimonial disputes, the convenience of the wife should be given preference. In case on hand, the petitioner is residing at Pattukottai, within the territorial limits of Sub-Court, Pattukottai, and she is also having a school going child. The facts and circumstances and balance of 2/4

convenience requires the transfer of HMOP.No.6 of 2022, divorce petition filed by the respondent/husband to the Sub-Court, Pattukottai, Thanjavur District.

4. Accordingly, the transfer petition is allowed by withdrawing HMOP.No.6 of 2022 from the file of the Sub-Court, Poonamalle and transferring the same to the file of the Sub-Court, Pattukottai, Thanjavur District. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

5. The learned counsel for the respondent makes a request that a time limit may be fixed for disposal of the divorce petition filed by him.

6. The learned counsel for the petitioner has no objection for disposal of the main OP.

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S.SOUNTHAR , J.

dna

7. This Court is inclined to issue a direction to the Court below to dispose of the case within a period of nine months from the date of receipt of a copy of this order.

11.11.2022 Index : Yes / No Internet : Yes / No dna To 1.The Sub-Court, Poonamallee 2.The Sub-Court, Pattukottai, Thanjavur District. and CMP.No.14401 of 2022 5/4