This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the case in H.M.O.P.No.634 of 2017, filed by the respondent from the file of Sub Court, Thirumangalam (Madurai District) and transfer the same to the file of Family Court, Chennai.
2. Heard both sides.
3. In paragraph 6 of the affidavit filed in support of this petition, it is stated that the petitioner is living with her aged parents in Chennai and she does not have any independent income and hence it would be difficult for her to travel from Chennai to Thirumangalam to attend each and every hearing before the Subordinate Court, Thirumangalam. Hence, she seeks for the transfer of the H.M.O.P.No.634 of 2017 pending on the file of Subordinate Court, Thirumangalam to the file of family Court, Chennai.
4. Considering the facts and circumstances of the case and the fact that Section 19(iii-a) of the Hindu Marriage Act, gives preference for the wife in respect of the place where she resides, this Court deems it fit to transfer the said H.M.O.P.No.634 of 2017 pending on the file of Subordinate Court, Thirumangalam to any of the Family Court at Chennai.
5. Accordingly, this petition is allowed and the proceedings pending in H.M.O.P.No.634 of 2017, pending on the file of Subordinate Court, Thirumangalam is withdrawn and transferred to the Family Court at Chennai. No costs. Consequently, the Miscellaneous Petition is closed.
23.11.2017 arr To
1. The Sub Court,Thirumangalam
2. The Family Court, Chennai PUSHPA SATHYANARAYANA, J arr Tr.C.M.P.No.895 of 2017 and C.M.P.No.18190 of 2017 23.11.2017