R.Priyanka v. G.K.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.15992 of 2022 R.Priyanka ... Petitioner vs G.K.Balaji ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw the H.M.O.P.No.341 of 2021, on the file of IInd Additional Subordinate Court, Coimbatore and transfer the same to the Subordinate Court, Keeranur in Pudhukottai District. For Petitioner : M/s.M.Abbiraami For Respondent : M/s.V.Ashika for M/s.R and P Partner

ORDER

The petitioner/wife has come up with this transfer Civil Miscellaneous Petition, seeking transfer of petition for divorce filed by respondent/husband in HMOP.No.341 of 2021, from the file of IInd 1/4

Additional Subordinate Court, Coimbatore to the file of Subordinate Court, Keeranur in Pudhukottai District.

2. According to the petitioner/wife, she is residing at Killukkotai, Kulathur TK, Pudukkottai District and she is having a child aged about three years. Hence, she finds it very difficult to undertake long travel from Pudukkottai to Coimbatore to attend the Court proceedings.

3. It is settled law that in matrimonial cases, the convenience of the wife shall be given preference. In the case on hand, the petitioner/wife is residing at Killukkotai, Kulathur TK, Pudukkottai District within the territorial limits of the Subordinate Court, Keeranur, Pudhukottai District. It is also stated that the petitioner is having a child aged about three years. By taking into consideration convenience of the wife, this Court is inclined to transfer the case pending on the file of IInd Additional Subordinate Court, Coimbatore to the Subordinate Court, Keeranur, Pudhukottai District. 2/4

4. Accordingly, the transfer Civil Miscellaneous Petition is allowed by withdrawing the HMOP.No.341 of 2021, pending on the file of IInd Additional Subordinate Court, Coimbatore and transferring the same to the file of Subordinate Court, Keeranur, Pudhukottai District. No costs. Consequently, connected miscellaneous petition is closed. 07.11.2022 Index : Yes / No Internet : Yes / No Speaking Order : Yes / No nti To 1.The IInd Additional Subordinate Court, Coimbatore.

2.The Subordinate Court, Keeranur, Pudhukottai District.

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S.SOUNTHAR , J.

nti and CMP.No.15992 of 2022 07.11.2022 4/4