Sankara Vigneshwari @ Deepika, v. T.Muthu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2015 CORAM :

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN TR.CMP(MD)No.462 of 2014 and M.P(MD)No.1 of 2014 Sankara Vigneshwari @ Deepika ... Petitioner/Respondent Vs.

T.Muthu ... Respondent/Petitioner Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in H.M.O.P.No.606 of 2014 from the file of Family Court, Madurai and transfer the same to be tried together with HMOP.No.557/2014 on the file of Family Court, Tirunelveli. For Petitioner : Mr.S.Arivalagan For Respondent : No Appearance

O R D E R

The petitioner herein is the wife and the respondent is the husband.

2. The respondent herein has filed H.M.O.P.No.606 of 2014, on the file of Family Court, Madurai, for divorce.

3. The petitioner resides at Tirunelveli. The petitioner depends on her mother, who is a widow. She has filed this Transfer Civil Miscellaneous Petition to transfer the H.M.O.P.No.606 of 2014, pending on the file of Family Court, Madurai and to transfer the same to the file of Family Court, Tirunelveli, since H.M.O.P.No.557/2014 filed by her on the file of Family Court, Tirunelveli, for restitution of conjugal rights, is pending.

4. Though notice served on the respondent and his name is printed in the cause list, there is no representation on behalf of him. No counter is filed.

5. In my considered view, in the case of matrimonial dispute, whenever the wife comes with a transfer application, the convenience of the wife has to be given preference. Hence, this petition is allowed and H.M.O.P.No.606 of 2014 pending on the file of Family Court, Madurai is withdrawn and the same is transferred to file of Family Court, Tirunelveli, to be tried together with HMOP.No.557/2014. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The Judge,Family Court,Madurai 2.The Judge,Family Court, Tirunelveli.

+1cc to Mr.S.Arivalagan,Advocate, SR.No.5955 TR.CMP(MD)No.462 of 2014 MPK 10.02.2015 PA/18.02.15/1P/4C https://hcservices.ecourts.gov.in/hcservices/