R. Vidyalakshmi v. V.G. Saravana Murthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.04.2016
CORAM
THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.84 of 2016 and C.M.P.No.1939 of 2016 R.Vidyalakshmi ... Petitioner Vs V.G.Saravanan Murthy ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw O.P.No.1599 of 2013 on the file the I Additional Family Court, Chennai and transfer the same to the Principal Sub-Court Cum Family Court, Vellore or any other competent Court near Vellore District.
For Petitioner : Mr.K.Raja For Respondent : Mr.M.Ganeshan
O R D E R
The respondent has entered appearance through counsel. The submissions made by Mr.K.Raja, learned counsel for the petitioner and by Mr.M.Ganeshan, 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 O.P.No.1599 of 2013 for dissolution of marriage. The petitioner-wife, who is in Vellore, pleads inconvenience to come to Chennai 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.
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3. Accordingly, the petition is allowed and O.P.No.1599 of 2013 pending on the file of the I Additional Family Court, Chennai is withdrawn from the file of the I Additional Family Court, Chennai and transferred to the file of Family Court, Vellore. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar srn To 1.The I Additional Family Court, Chennai 2.The Family Court, Vellore + 1 cc to Mr.K. Raja, Advocate sR.20701 Tr.C.M.P.No.84 of 2016 and C.M.P.No.1939 of 2016 SV(CO) Eu 18.04.16 https://hcservices.ecourts.gov.in/hcservices/