Madras High CourtTR CMP(MD)/32/2015allowed

M. Kavitha, W/O. Marimuthu, v. K. Marimuthu,

2015-03-27Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2015 CORAM :

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN TR.CMP(MD)No.32 of 2015 and M.P(MD)No.1 of 2015 M.Kavitha ... Petitioner Vs.

K.Marimuthu ... Respondent Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in HMOP.No.850 of 2014 on the file of the Family Court, Madurai, and transfer it to the Sub Court, Virudhunagar.

For Petitioner : Mr.G.Marimuthu For Respondent : No appearance

O R D E R

The petitioner is the wife. Her husband/respondent filed HMOP.No.850 of 2014 on the file of the Family Court, Madurai. She has filed the present petition seeking transfer of the aforesaid HMOP from the file of the Family Court, Madurai, to the file of the Subordinate Court, Virudhunagar, where, she is residing, stating that having a male child aged 5 years and being dependent on her parents for the livelihood, it is difficult to her to travel from Virudhunagar to Madurai, which is about 60 kilometers.

2.Heard the learned counsel for the petitioner. Notice sent through Court was returned with an endorsement, "No such address". Hence, paper publication was ordered on 12.03.2015 and despite the same, the respondent has not chosen to appear and contest this petition.

3.It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of wife shall be given preference. Therefore, I am of the view that the petition filed by the wife is liable to be allowed. https://hcservices.ecourts.gov.in/hcservices/

4.Accordingly, the petition is allowed and HMOP.No.850 of 2014 on the file of the Family Court, Madurai, is hereby withdrawn and transferred to the file of Subordinate Court, Virudhunagar, if the same is not yet disposed of. The learned Judge, Family Court, Madurai, is directed to send the case bundles forthwith to the Sub Judge, Virudhunagar. No costs. M.P(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1)The Judge, Family Court, Madurai.

2)The Sub Judge, Virudhunagar.

+1cc to Mr.G.Marimuthu, Advocate, in SR. No.15614/15. ORDER MADE IN TR.CMP(MD)No.32 of 2015 AND M.P(MD)No.1 of 2015 DATED : 27.03.2015 NB2 msm 06.04.2015 p2/4c https://hcservices.ecourts.gov.in/hcservices/