Priyadharshini v. R. Rajesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Tr.CMP.No.861 of 2022 and C.M.P.No.14966 of 2022 Priyadharshini ... Petitioner

Versus

R.Rajesh ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw the F.C.O.P.No.79 of 2022 pending before the Family Court at Chengalpattu and transfer it to the Family Court at Villupuram.

For Petitioner : Mr.K.V.Muthuvisakan For Respondent : No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of petition for divorce filed by the respondent/husband in F.C.O.P.No.79 of 2022 from the file of the Family Court, Chengalpet to the Family Court, Villupuram.

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2.Though the learned counsel entered appearance for the respondent, when the matter was called on 18.10.2022, there was no representation for the respondent. In order to give an opportunity to the respondent, the matter was adjourned to today. Even today there is no representation for the respondent. Therefore, this Court proceeds to dispose of the matter after hearing the arguments of the learned counsel for the petitioner. 3.According to the petitioner, she is residing at T.Devanur village, Thirukovilur Taluk along with her parents. She also expressed some difficulty in undertaking long travel to Chengalpattu to attend the Court hearings. 4.It is settled law that in the matter involving matrimonial dispute, the preference shall be given to the convenience of the petitioner/wife. 5.In the case on hand, the petitioner is residing at T.Devanur village, Thirukovilur Taluk within the territorial limits of Family Court, Villupuram. As a lady, it may not be convenient for her to undertake long travel to Chengalpet. By taking into consideration the convenience of the 2/4

petitioner/wife, this Court is inclined to order the Transfer Civil Miscellaneous Petition.

6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The petition filed in F.C.O.P.No.79 of 2022 pending on the file of the Family Court, Chengalpattu is withdrawn and transferred to the Family Court, Villupuram. Consequently, connected Civil Miscellaneous Petition is also closed. No costs.

20.10.2022 Index : Yes / No Speaking Order : Yes / No rpl To

1. The Family Court, Chengalpattu.

2. The Family Court, Villupuram.

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S.SOUNTHAR , J.

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