Madras High CourtTR CMP/867/2022allowed

N. Indhu v. S. Ganesan

2022-10-19Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.15052 of 2022 N.Indhu ... Petitioner Vs.

S.Ganesan ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, praying to withdraw the case in H.M.O.P.No.224 of 2022 pending on the file of Sub Court at Alandur and transfer the same to the Sub Court, Panruti at Cuddalore District.

For Petitioner : M/s.S.Thankira For Respondent : Mr.I.Prakash Raj

ORDER

The petitioner/wife seeks transfer of petition for divorce filed by the respondent/husband in H.M.O.P.No.224 of 2022 from the file of the Sub Court, Alandur to the file of the Sub Court, Panruti, Cuddalore District.

2. Heard the arguments of the learned counsel for the petitioner and the

learned counsel for the respondent.

3. According to the petitioner/wife, she is residing at Panruti along with her parents. She also averred that as a lady, she finds it very difficult to undertake long travel to Alandur to attend each and every court hearing. Therefore, she filed this transfer petition with the aforesaid prayer.

4. The learned counsel for the respondent oppose the transfer petition on the ground that he is having custody of the school going child and therefore, it may not be convenient for him to undertake travel to Panruti to attend court hearing.

5. It is settled law that in cases involving matrimonial dispute, the preference shall be given to the convenience of the petitioner/wife.

6. In the case on hand, the petitioner/wife is residing at Panruti along with her parents and she expressed her difficulty in undertaking long travel to Alandur to attend each and every court hearing.

7. Taking into consideration the convenience of the petitioner/wife, this Court is inclined to order the above transfer petition as prayed for.

8. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.224 of 2022 pending on the file of the Sub Court, Alandur is withdrawn and transferred to the file of the Sub Court, Panruti, Cuddalore District. No costs. Consequently, the connected civil miscellaneous petition is closed.

19.10.2022 Index : Yes/No Speaking Order : Yes/No dm To 1.The Sub Court, Alandur.

2.The Sub Court, Panruti, Cuddalore District.

S.SOUNTHAR , J.

dm 19.10.2022