Vinodhini v. Vinothkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.15645 of 2022 Vinodhini ... Petitioner vs.

Vinothkumar ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, praying to withdraw the H.M.O.P.No.89 of 2022 pending on the file of the Subordinate Court, Vaniyambadi and to transfer the said case to the Family Court, Dharmapuri.

For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.D.Veerakumar

ORDER

The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking transfer of petition filed by the respondent/husband seeking a decree of nullity of marriage in H.M.O.P.No.89 of 2022 from the file of the Subordinate Court, Vaniyambadi to the file of the Family Court, Dharmapuri.

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 Kedakusanthu, Dharmapuri District along with her aged parents. She also averred that as a lady, she finds it very difficult to undertake such a long travel to Vaniyambadi to attend each and every court hearings. Therefore, she filed this transfer petition with the aforesaid prayer.

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

5. In the case on hand, the petitioner/wife is residing at Kedakusanthu, Dharmapuri District within the territorial limits of Family Court, Dharmapuri. She also averred that as a lady, she finds it very difficult to undertake such a long travel to Vaniyambadi to attend each and every court hearings. The respondent is working at Bangalore and if the case is transferred to Dharmapuri, it will be nearer to his place of work.

6. Therefore, by taking into consideration the convenience of the petitioner/wife and also the work place of respondent, this Court is inclined to order the above transfer petition as prayed for.

7. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.89 of 2022 pending on the file of the Subordinate Court, Vaniyambadi is withdrawn and transferred to the file of the Family Court, Dharmapuri. No costs. Consequently, the connected civil miscellaneous petition is closed.

15.11.2022 Index : Yes/No Speaking Order : Yes/No dm To 1.The Subordinate Court, Vaniyambadi.

2.The Family Court, Dharmapuri.

S.SOUNTHAR , J.

dm 15.11.2022