The petitioner/wife in a matrimonial dispute has filed the above transfer Civil Miscellaneous Petition, seeking to withdraw H.M.O.P.No.106 of 2016, pending on the file of Additional/Principal Family Court, Coimbatore filed by the respondent/husband under Section 12(1)(b) of the Hindu Marriage Act to treat the marriage held on 02.11.2015 as null and void and transfer the same to the file of Principal Sub Court, Mayiladuthurai.
2. It is stated in the affidavit filed in support of the petition that the petitioner/wife has filed M.C.No.20 of 2016, pending before the Judicial Magistrate No.I, Mayiladuthurai and the respondent/husband is appearing regularly in Mayiladuthurai. Hence, the petitioner seeking transfer of H.M.O.P.No.106 of 2016 from the file of Additional/Principal Judge, Family Court, Coimbatore to the file of Principal Sub Court, Mayiladuthurai.
3. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent.
4. Considering the convenience of the wife and Section 19(iii-a) of the Hindu Marriage Act, which gives preference for the wife in respect of the place where she resides, this Court is inclined to transfer H.M.O.P.No.106 of 2016, pending on the file of Additional/Principal Judge, Family Court, Coimbatore to the file of Principal Sub Court, Mayiladuthurai.
5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed by withdrawing H.M.O.P.No.106 of 2016, from the file of Additional/Principal Judge, Family Court, Coimbatore and transferring the same to the file of Principal Sub Court, Mayiladuthurai. No Costs. Consequently, connected miscellaneous petition is closed.
24.11.2017 rsi To
1. The Additional/Principal Judge, Family Court, Coimbatore.
2. The Principal Sub Judge, Mayiladuthurai.
PUSHPA SATHYANARAYANA, J.
rsi Tr.C.M.P. No.692 of 2017 and C.M.P.No.13789 of 2017 24.11.2017