Sagundala v. Raman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.17513 of 2022 Sagundala ... Petitioner Vs.

Raman ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw the proceedings in HMOP.No.818 of 2022 pending on the file of the learned Additional Family Court, Theni and to transfer the same to the learned Family Court, Coimbatore.

For Petitioner : Mr.V.S.Usharani For Respondent : No appearance 1/4

ORDER

This transfer petition is filed by the petitioner/wife seeking transfer of petition for divorce filed by the respondent/husband in HMOP.No.818 of 2022 from the file of the learned Additional Family Court, Theni, to the file of the learned Family Court, Coimbatore.

2. The respondent is served with notice and his name is printed in the cause-list, but there is no representation for the respondent.

3. According to the petitioner/wife, she is residing at Vadavalli Village, Coimbatore Taluk, Coimbatore District, within the territorial limits of Family Court, Coimbatore and she has expressed her difficulty in travelling from Coimbatore to Theni, for each and every hearing. Therefore, it is stated that it would not be convenient for the petitioner to undertake a travel to Theni to attend the hearing before the Additional Family Court, Theni.

4. It is settled law that, in a case involving matrimonial disputes, the convenience of the wife should be given preference. In the case on hand, 2/4

the petitioner is residing at Vadavalli Village, Coimbatore Taluk, Coimbatore District, within the territorial limits of Family Court, Coimbatore, and she has expressed her difficulty in travelling from Coimbatore to Theni, for each and every hearing. The facts and circumstances and balance of convenience requires the transfer of HMOP.No.818 of 2022, divorce petition filed by the respondent/husband to the Family Court, Coimbatore District. 5.

Accordingly, the transfer petition is allowed. The HMOP.No.818 of 2022 is withdrawn and transferred from the file of the Additional Family Court, Theni, to the file of the Family Court, Coimbatore District. No Costs. Consequently, connected Civil Miscellaneous Petition is closed.

11.11.2022 Index : Yes/No Internet : Yes/No dna 3/4

S.SOUNTHAR , J.

dna To 1.The Sub-Court, Poonamallee 2.The Sub-Court, Pattukottai, Thanjavur District. and CMP.No.17513 of 2022 11.11.2022 4/4