R. Ramani v. K. Sivanandam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.16907 of 2022 R.Ramani

...Petitioner

Vs K.Sivanandam ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw Hindu Marriage Original Petition No.25 of 2022, on the file of the Subordinate Court, Cheyyar and transfer the same to the file of Family Court, Chennai. For Petitioner :

Mr.K.Subburam For Respondent : No Appearance

ORDER

The petitioner/wife has come up with this transfer Civil Miscellaneous Petition, seeking transfer of HMOP.No.25 of 2022 pending on the file of Subordinate Court, Cheyyar to the file of Family

Court, Chennai.

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 Chennai along with her parents and she is having a minor child aged about 15 months and that she finds it very difficult to undertake frequent travel to Cheyyar to attend the Court hearing.

4. It is settled law that in cases involving matrimonial disputes, the convenience of the wife shall be given preference. In the case on hand, the petitioner/wife is residing at Chennai and she is also having a minor child aged about 15 months. Therefore, it will be very difficult for her to undertake travel and attend the Court hearings. Taking into consideration the facts and circumstances of the case and the convenience of the petitioner/wife, HMOP.No.25 of 2022, pending on the file of Subordinate Court, Cheyyar is withdrawn and transferred to the file of Family Court, Chennai.

5. Accordingly, the transfer Civil Miscellaneous Petition is allowed by withdrawing the HMOP.No.25 of 2022, pending on the file of Subordinate Court, Cheyyar and transferring the same to the Family Court, Chennai. No costs.

03.11.2022 ub Index: Yes/ No Speaking Order / Non-Speaking Order To

1. The Subordinate Court, Cheyyar.

2. The Family Court, Chennai.

S.SOUNTHAR , J.

ub

Tr.C.M.P.No.988 of 03.11.2022