Famila v. Al Mubeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.10.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and CMP.No.14554 of 2022 Famila

...Petitioner

Vs Al Mubeen ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.131 of 2020, pending on the file of I Additional Family Court, Chennai and transfer the same to the file of the Family Court, Karaikal.

For Petitioner :

Mr.P.Vijayakanth For Respondent : Mr.Ganesh and Ganesh

ORDER

The petitioner/wife has come up with this transfer Civil Miscellaneous Petition, seeking transfer of suit filed by the respondent/husband, seeking declaration that the marriage solemnized between the parties stood dissolved, in O.S.No.131 of 2020, pending on the file of the I Additional Family Court, Chennai to the file of Family Court, Karaikal.

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

3. According to the petitioner, she is residing at Nallambal Village, Karaikkal and she finds it very difficult to undertake frequent travel to attend the Court hearing before Family Court, Chennai.

4. The learned counsel for the respondent filed counter and opposed the transfer petition.

5. It is settled law that in cases involving matrimonial disputes, the convenience of the wife shall be given preference. In the case on hand, wife is residing at Nallambal Village, Karaikkal, within territorial limits of Family Court, Karaikal. Taking into consideration the facts and circumstances of the case and the convenience of the petitioner/wife, O.S.No.131 of 2022, pending on the file of the I Additional Family Court, Chennai is withdrawn and transferred to the file of Family Court, Karaikal.

6. Accordingly, the transfer Civil Miscellaneous Petition is allowed by withdrawing O.S.No.131 of 2022, pending on the file of I Additional Family Court, Chennai, and transferring the same to the Family Court, Karaikal. No costs. Consequently, connected miscellaneous petition is closed.

18.10.2022 ub Index: Yes/ No Speaking Order / Non-Speaking Order

S.SOUNTHAR , J.

ub To

1. The I Additional Family Court, Chennai.

2. The Family Court, Karaikal.

Tr.C.M.P.No.854 of 18.10.2022