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Madras High CourtTR CMP(MD)/36/2017allowed

Mrs. R.Varalakshmi v. R. Radhakrishnan

2017-03-01Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN TR.CMP(MD)No.36 of 2017 & C.M.P(MD)No.983 of 2017 R.Varalakshmi ... Petitioner Vs.

R.Radhakrishnan ... Respondent Prayer: Petition filed under Section 24 of Code of Civil Procedure to transfer H.M.O.P.No.353 of 2016 from the file of Family Court, Trichy to the file of Family Court, Chennai. For Petitioner : Mr.R.Govindaraj For Respondent : Mr.R.Ilayaraja

JUDGMENT

The wife has come before this Court seeking transfer of H.M.O.P. 353 of 2016 from the file of Family Court, Trichy to the file of Family Court, Chennai.

2. Both the petitioner and the respondent got married on 20.10.1988 and a female child was born on 11.01.1989. As the respondent failed to maintain the petitioner and his daughter, she was forced to live with her aged mother. After a passage of 25 years of marriage, the respondent has filed H.M.O.P.No.353 of 2016 on the file of the Family Court, Trichy and only to transfer the said petition, the wife has come before this Court.

3. Heard both sides and perused the records.

4. Since the wife is residing with the aged mother along with her daughter, it is impossible for her to travel from Chennai to Trichy covering 315 kms for every hearing. In matrimonial case, the place of residence of women should be given preference.

5. Accordingly, this transfer petition is allowed and the entire records in H.M.O.P.No.353 of 2016 on the file of the Family Court, Trichy is directed to be transmitted to the file of the Family Court, Chennai within a period of two weeks from the date https://hcservices.ecourts.gov.in/hcservices/

of receipt a copy of this order. On such receipt, the learned Judge, Family Court, Chennai, is directed to try the case and dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Family Court, Chennai.

2.The Family Court, Trichy.

+1cc to Mr.R.Govindaraj, Advocate, SR.No:11794 CM AE/SKN/RSK/24.03.2017/2P/4C TR.CMP(MD)No.36 of 2017 & C.M.P(MD)No.983 of 2017 01.03.2017 https://hcservices.ecourts.gov.in/hcservices/