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Madras High CourtTR CMP(MD)/253/2013allowed

Rajini, v. Lucksingh Arulmani,

2015-02-23Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2015 CORAM :

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN TR.CMP(MD)No.253 of 2013 and M.P(MD)No.1 of 2013 Mrs.Rajini ... Petitioner Vs.

Mr.Lucksingh Arulmani ... Respondent Petition filed under Section 24 of the Civil Procedure Code, to withdraw IDOP.No.87 of 2013 on the file of the 4th Additional District Court, Tirunelveli, and transfer the same to District Court, Tuticorin. For Petitioner : Mr.B.Rajesh Saravanan For Respondent : No appearance

O R D E R

The petitioner is the wife and the respondent is the husband. The respondent filed IDOP.No.87 of 2013 on the file of the 4th Additional District Court, Tirunelveli, for divorce.

2.Now, the petitioner/wife has filed this petition to transfer the petition in IDOP.No.87 of 2013 filed by the respondent/husband before the 4th Additional District Court, Tirunelveli, to the file of the District Court, Tuticorin, stating that being a dependent on her mother and brother for the livelihood, it is difficult to her to travel from Tuticorin to Tirunelveli. Further, she has also filed M.C.No.27 of 2013 on the file of the Chief Judicial Magistrate Court, Tuticorin, seeking maintenance from the respondent and hence she seeks for transfer. 3.Heard the learned counsel for the petitioner as well as the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 4.It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of wife shall be given

preference. Furthermore, the learned counsel for the respondent has no objection to allow the petition. Therefore, I am of the view that the petition filed by the wife is liable to be allowed. 5.Accordingly, the petition is allowed and IDOP.No.87 of 2013 on the file of the 4th Additional District Court, Tirunelveli, is hereby withdrawn and transferred to the file of the District Court, Tuticorin, if the same is not yet disposed of. The learned 4th Additional District Judge, Tirunelveli, is directed to send the case bundles to the Court of District Judge, Tuticorin, immediately. No costs. M.P(MD)No.1 of 2013 is closed.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1)The District Judge, Tuticorin.

2)The IV Additional District Judge, Tirunelveli.

+1cc to Mr.B.Rajesh Saravanan,Advocate, SR.No.8406 ORDER MADE IN TR.CMP(MD)No.253 of 2013 AND M.P(MD)No.1 of 2013 DATED : 23.02.2015 23.02.2015 NB2 PA/03.03.15/2P/4C https://hcservices.ecourts.gov.in/hcservices/