The petitioner/wife has come before this Court seeking to withdraw H.M.O.P.No.164 of 2016 on the file of the Sub Court, Tenkasi and transfer the same for trial to the file of the Principal Sub Court, Dindigul.
2. The petitioner/wife and the respondent/husband got married on 13.12.1999 as per the Hindu rites and customs and out of wedlock, two children were born to them. Due to misunderstanding, they are living separately. The petitioner/wife is residing at Natham along with her mother and the petitioner/wife is not having any independent source of income to take care of their day-to-day affairs. Meanwhile, the respondent/husband filed H.M.O.P.No.164 of 2016 on the file of the Sub Court, Tenkasi, for divorce. Only to transfer the said petition, this petition has been filed.
3. Heard the learned Counsel for the petitioner/wife and the learned Counsel for the respondent/husband and perused the materials available on record.
4. The learned Counsel for the respondent/husband opposed the relief sought for by the petitioner/wife. However, it is the contention of the petitioner/wife that there is no male member in her family to accompany her for attending the hearing of the case at Tenkasi.
5. Since the petitioner/wife is living with her children at Natham, it is very difficult for a lady to travel for about 200 Kms. from Natham to Tenkasi, for every hearing. The place of residence of the petitioner/wife is the appropriate place for trying the case and it is a settled law that convenience of the wife should be given preference.
6. Therefore, H.M.O.P.No.164 of 2016 on the file of the Sub Court, Tenkasi, is withdrawn and transferred to the Principal Sub Court, Dindigul.
7. Accordingly, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected civil miscellaneous petition is closed.
To
1.The Principal Sub Court, Tenkasi.
2.The Principal Sub Court, Dindigul.
.