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M.Kalpana Devi vs B.Suresh

Madras High Court|23 February, 2017

JUDGMENT / ORDER

The wife has come before this Court seeking transfer of H.M.O.P.No.662 of 2016 filed by the respondent/husband seeking divorce as the petitioner/wife already filed H.M.O.P.No.119 of 2016 seeking restitution of conjugal right on the file of Principal Sub-Court, Thanjavur.
2. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent and perused the materials available on records
3. Considering the young age of the spouses, this Court directed them to appear before this Court and they were present before this Court and Mr.S.Senthilkumar, learned Counsel practising for a long time before this Court was requested to mediate the couple.
4. It is a well settled law that the place of residence of the wife would be appropriate for trying the matrimonial issue. Since she has to travel 160 Kms, every time to appear before the Family Court, Madurai, it may not be possible for a lady to travel from her native place to Madurai.
5. Therefore, it is appropriate to transfer the H.M.O.P.No.662 of 2016 pending on the file of the Family-Court, Madurai to the file of the Principal Sub-Court, Thanjavur. Accordingly, H.M.O.P.No.662 of 2016 pending on the file of the Family-Court, Madurai, is transferred to the file of the Principal Sub-Court, Thanjavur, to be tried along with H.M.O.P.No.119 of 2016.
6. With the above direction, this petition is ordered. Consequently, connected Miscellaneous petition is closed.
To
1.The Family-Court, Madurai.
2.The Principal Sub-Court, Thanjavur..
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Title

M.Kalpana Devi vs B.Suresh

Court

Madras High Court

JudgmentDate
23 February, 2017