Madras High CourtTR CMP/842/2022allowed

Praveena @ Sandhana v. Vignesh

2022-09-27Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Praveena @ Sandhana ... Petitioner Vs.

Vignesh ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw the HMOP No.133 of 2022 on the file of the Family Court, Puducherry and transfer the same to the Family Court, Chennai. For Petitioner : M/s.Praveena @ Sandhana (P-In-P) For Respondent : M/s.Stalin Abimanyu

ORDER

This petition has been filed to withdraw the HMOP No.133 of 2022 on the file of the Family Court, Puducherry and transfer the same to the Family Court, Chennai.

2. The petitioner seeks transfer of petition filed by the respondent/husband in HMOP.No.133 of 2022 for divorce pending on the file of the Family Court, Puducherry and transfer the same to the Family Court, Chennai.

3. According to the petitioner/wife, she is residing at Chennai, within the territorial jurisdiction of the Family Court, Chennai. Therefore, it is stated that it would not be convenient for the petitioner to undertake a travel to Puducherry to attend the hearing before the Family Court, Puducherry.

4. The learned counsel for the respondent made an endorsement in the petition that he has no objection for allowing this Transfer Civil Miscellaneous Petition.

5. 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 has a livelihood at Chennai within the territorial limits of Family Court, Chennai. The facts and circumstances and balance of convenience requires the transfer of HMOP.No.133 of 2022, divorce petition, filed by the respondent/husband to the Family Court, Chennai.

6. Accordingly, the transfer petition is allowed by withdrawing H.M.O.P.No.133 of 2022 from the file of Family Court, Puducherry and transferring the same to the file of Family Court, Chennai. No Costs. Consequently, connected miscellaneous petition is closed. 27.09.2022 Index : Yes / No Internet : Yes / No dna

S.SOUNTHAR , J.

dna To 1.The Family Court, Puducherry.

2.The Family Court, Chennai.

27.09.2022