This petition is filed to withdraw H.M.O.P.No.66 of 2016 from the file of the Subordinate Court, Arni and transfer to the file of the Family Court, Vellore for being tried along with M.C.No.6 of 2017 pending on its file.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 05.06.2011, as per Hindu rites and customs. In the wedlock, two female children were born to them. Due to difference of opinion, both the petitioner and respondent are living separately. The respondent filed H.M.O.P.No.66 of 2016 for divorce, before the file of the Subordinate Court, Arni, Thiruvannamalai District. The petitioner has also filed M.C.No.6 of 2017 for maintenance on the file of the Family Court, Vellore.
3. According to the petitioner, she is residing at Vellore with her parents along with her minor children. The distance between Vellore and Arni, Thiruvannamalai District is more than 50 kilometres and hence, it is very difficult for her to travel from Vellore to Arni, Thiruvannamalai District to attend the hearing before the Subordinate Court, Arni. Further, 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.66 of 2016 from the file of the Subordinate Court, Arni, Thiruvannamalai District to the file of the Family Court, Vellore and to try along with M.C.No.6 of 2017 pending on its file.
4. Notice has been sent to the respondent and the same was served on him. Though the name of the respondent has been printed in the cause list, there is no representation on behalf of him either in person or through counsel.
5. Heard the learned counsel for the petitioner.
6. 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].
7. Having regard to the submissions made by the learned counsel for the petitioner and with the above cited decisions, the petition in H.M.O.P.No.66 of 2016 is ordered to be withdrawn from the file of the Subordinate Court, Arni, Thiruvannamalai District and transferred to the file of the Family Court, Vellore and to be tried along with M.C.No.6 of 2017. The Presiding Officer, Subordinate Court, Arni, Thiruvannamalai District, is directed to transmit all the records pertaining to H.M.O.P.No.66 of 2016 to the file of the Family Court, Vellore, within a period of two weeks from the date of receipt of a copy of this order.
Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.