Allowed

Bhovanaashwari .T v. M. Kathiravan

Madras HC16 Jun 2017TR CMP/829/2016

Case brief

AI extract

What is this about?

The High Court ofMadras allowed a petition to transfer H.M.O.P.No.97 of 2015 from Sub Court, Arokkonam to Sub Court, Salem. Based on settled law giving preference to the wife's convenience, the case transfer was ordered due to the substantial distance and lack of independent income for the petitioner.

What did the court decide?

H.M.O.P.No.97 of 2015 ordered to be withdrawn from Sub Court, Arokkonam and transferred to Sub Court, Salem.

Bhovanaashwari .T Vs M. Kathiravan — Matrimonial and Divorce | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.06.2017

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CORAM :

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.97 of 2015 from the file of the Sub Court, Arokkonam and transfer to the file of the Sub Court, Salem.

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For Petitioner : Mr. A.Suresh Sakthi Murugan For Respondent : Mr.C.Chockalingam O R D E R

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This petition is filed to withdraw H.M.O.P.No.97 of 2015 from the file of the Sub Court, Arokkonam and transfer to the file of the Sub Court, Salem.

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The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 03.02.2013 as per Hindu rites and customs. In the wedlock, a child was born to them. Due to difference of opinion, the petitioner and respondent are living separately. The respondent filed H.M.O.P.No.97 of 2015 for divorce, before the file of the Sub Court, Arokkonam.

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According to the petitioner, she is residing at Salem with her parents along with her minor child. The distance between Salem and Arokkonam is more than 500 kilometres and hence, it is very difficult for her to travel from Salem to Arokkonam to attend the hearing along with her minor child. Moreover, the petitioner has no independent income and is depending on her parents for her day-to-day expenses including travelling expenses. Therefore, she prays for transfer of H.M.O.P.No.97 of 2015 from the file of the Sub Court, Arokkonam to the file of the Sub Court, Salem.

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https://hcservices.ecourts.gov.in/hcservices/

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Heard the learned counsel for the petitioner and the respondent.

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It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another].

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Having regard to the submissions made by the learned counsel for the petitioner along with the above decisions, the petition in H.M.O.P.No.97 of 2015 is ordered to be withdrawn from the file of the from the file of the Sub Court, Arokkonam and transferred to the file of the Sub Court, Salem. The Presiding Officer, Sub Court, Arokkonam, is directed to transmit all the records pertaining to H.M.O.P.No.97 of 2015 to the file of the Sub Court, Salem, within a period of two weeks from the date of receipt of a copy of this order.

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Accordingly, this Transfer Civil Miscellaneous petition is
ordered. No costs. Consequently, connected Miscellaneous
Petition is closed.
Sd/-
Asst.Registrar (CCC)
/true copy/
Sub Asst. Registrar
gv
To
1. The Sub Court,
Arokkonam
2. The Sub Court,
Salem.
+1cc to Mr.A.Suresh Sakthi Murugan, Advocate Sr. 42571

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Tr.C.M.P. No.829 of 2016 and C.M.P.No.20494 of 2016

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RK(CO) VR(10/07/2017)

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https://hcservices.ecourts.gov.in/hcservices/

Bhovanaashwari .T v. M. Kathiravan

Case brief

What is this about?

What did the court decide?

Bhovanaashwari .T v. M. Kathiravan

Case brief

What is this about?

What did the court decide?

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