K. Mangala v. M. Kumaraguru

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.117 of 2016 and C.M.P.No.2636 of 2016 Tmt.K.Mangala ... Petitioner/Respondent Vs M.Kumaraguru ... Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.6 of 2016 on the file of Additional Family Court, Coimbatore and transfer the same to the Family Court, Chennai.

For Petitioner : Mr.J.Sudhakaran For Respondent : Mr.K.M.D.Muhilan

O R D E R

The respondent has entered appearance through counsel. The submissions made by Mr.J.Sudhakaran, learned counsel for the petitioner and by Mr.K.M.D.Muhilan, learned counsel for the respondent are heard. Materials available are also perused.

2. Petitioner is the wife and the respondent is the husband. The respondent-husband filed H.M.O.P.No.6 of 2016 for divorce. The petitioner-wife, who is in Chennai, pleads inconvenience to go to Coimbatore to resist the case. The said reason has not been seriously disputed by the respondent. Further, the right conferred on the wife under Section 19[iii-a] of Hindu Marriage Act, 1955 should be liberally construed. Hence, this Court comes to the conclusion that the prayer made by the petitioner has got to be countenanced.

3. Accordingly, the petition is allowed and H.M.O.P.No.6 of 2016 pending on the file of Additional Family Court, https://hcservices.ecourts.gov.in/hcservices/

Coimbatore is withdrawn and transferred to the file of the Principal Judge, Family Court, Chennai.

No costs.

Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gpa To

1. The Additional Family Court, Coimbatore.

2. The Principal Judge, Family Court, Chennai.

+1cc to Mr.J.Sudhakaran, Advocate, S.R.No.24922 Tr.C.M.P.No.117 of 2016 and C.M.P.No.2636 of 2016 PUR(CO) CA(10/05/2016) https://hcservices.ecourts.gov.in/hcservices/