Madras High CourtTR CMP(MD)/495/2019disposed of

Jasmine Kavitha v. R.Rajkumar

2021-03-04Honourable Mr Justice R. Subramanian2 pages

TR.CMP(MD).No.495 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP(MD).No.495 of 2019 and CMP(MD).No. 11508 of 2019 Jasmine Kavitha .. Petitioner Vs.

R. Rajkumar .. Respondent Prayer: Transfer CMP filed under Section 24 CPC to withdraw and to transfer the IDOP.No.75 of 2019 on the file of the Principal District Court at Pudukkottai to the Principal District and Sessions Court, Thiruvallur.

(Amended as per the order, dated 04.03.2021 made in CMP(MD).No. 6418 of 2020) For petitioner : M/s. C. Renuka For respondent : Ms. V. Vimala Rexy

ORDER

The petitioner / wife, seeks transfer of the petition filed by the respondent / husband in IDOP.No.75 of 2019, on the file of Principal District Court, Pudukkottai seeking restitution of conjugal rights, to the Principal District and Sessions Court, Thiruvallur. The transfer is sought for solely on the ground of convenience since the wife is residing at Thiruvallur.

2. The learned counsel appearing for the respondent would submit that the respondent is having his business at Bangalore and the parents are staying at Pudukkottai and he being the only son has to look after his parents also. Therefore, the transfer of proceedings to Thiruvallur would cause hardship to him.

3. The Hon'ble Supreme Court and this Court repeatedly held that the convenience of the wife should be a paramount consideration in the matters relating to matrimonial dispute.

4. Considering the fact that the husband is a resident of the Bangalore and the travelling from Bangalore to Thiruvallur is very less, that the wife travelling to Pudukottai from Thiruvallur.

5. Hence, the Transfer CMP is allowed and the IDOP.No.75 of 2019, pending on the file of the Principal District Court, Pudukkottai is withdrawn and transferred to the file of the Principal District and Sessions Court, Thiruvallur. Principal District Court, Pudukkottai is directed to transmit the papers to the Principal District and Sessions Court, Thiruvallur, forthwith. https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.CMP(MD).No.495 of 2019 No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1. Principal District Court at Pudukkottai.

2. The Principal District and Sessions Court, Thiruvallur, +1 CC to M/s.S.PANDIYARAJ, Advocate ( SR-9266[F] dated 05/03/2021 ) TR.CMP(MD).No.495 of 2019 and CMP(MD).No. 11508 of 2019 04.03.2021 TP(CO) KB(25.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2