S.Gobeka Rupani v. Ganesh Vadivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.15631 of 2022 S.Gobeka Rupani ... Petitioner vs Ganesh Vadivel ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw the OP.No.2253 of 2022 pending on the file of learned VII Additional Family Court, Chennai and transfer the same to the Family Court, Coimbatore.

For Petitioner : Mr.Dhalapathy Vignesh Kumar For Respondent : No appearance

ORDER

The petitioner/wife has come up with this transfer Civil Miscellaneous Petition, seeking transfer of the petition for divorce filed by the respondent/husband in OP.No.2253 of 2022 from the file of VII Additional 1/4

Family Court, Chennai, to the file of Family Court, Coimbatore.

2. Though the respondent was served and his name appeared in the cause list, there is no representation for the respondent.

3. According to the petitioner/wife, she is residing at Coimbatore and she is having a school going child aged about 8 years. It is also stated that she finds it very difficult to attend the Court hearings at Chennai which is nearly 400 Kms away from her place of residence.

4. It is settled law that in the matrimonial cases, the convenience of the wife shall be given preference. In the case on hand, the petitioner is residing at Coimbatore and she is having a school going child aged about 8 years. Therefore, she finds it very difficult to undertake long travel to attend the Court hearings at Chennai. By taking into consideration of the facts and circumstance of the case and convenience of the wife, this Court is inclined to order the above transfer petition.

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5. Accordingly, the transfer Civil Miscellaneous Petition is allowed by withdrawing the OP.No.2253 of 2022, from the file of VII Additional Family Court, Chennai and transferring the same to the file of Family Court, Coimbatore. No costs. Consequently, connected miscellaneous petition is closed.

13.10.2022 Index : Yes / No Internet : Yes / No Speaking Order : Yes / No nti To

1. The Family Court, Coimbatore.

2. The VII Additional Family Court, Chennai.

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S.SOUNTHAR , J.

nti and CMP.No.15631 of 2022 13.10.2022 4/4