Madras High Court
Silvalouisrani @ Silvarani vs R.Edwinprabaharan on 30 September, 2016
Author: K.K.Sasidharan
Bench: K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.09.2016 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.507 of 2015 and MP.No.1 of 2015 Silvalouisrani @ Silvarani ...Petitioner versus R.Edwinprabaharan ...Respondent PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw and transfer IDOP No.86 of 2015 on the file of District Judge, Thanjavur to the file of Family Court, Chennai. For Petitioner : Ms.T.Dharani For Respondent : Mr.C.R.Malarvannan O R D E R
The respondent in I.D.O.P.No.86 of 2015 on the file of District Court, Thanjavur is the petitioner in this transfer petition.
2. The respondent instituted proceedings in IDOP No.86 of 2015 before the District Court at Thanjavur, praying for a decree of divorce. The petitioner on appearance before the Trial Court filed this petition for transfer.
3. The learned counsel for the respondent submitted that none of the averments found in the affidavit filed in support of the transfer petition are correct. The petitioner made certain sweeping observations about the respondent which are not true.
4. The petitioner is a permanent resident of Chennai. The proceedings is now pending before the Court at Thanjavur. According to the petitioner, it would be difficult for her to defend the proceedings in IDOP No.86 of 2015 before the Court at Thanjavur. There is nothing on record to suspect the bonafides in filing this transfer petition.
5. Section 19(iii-a) of the Hindu Marriage Act, permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.
6. The petitioner has produced sufficient materials to demonstrate that it would be difficult for her to appear before the Court at Thanjavur. I am therefore of the view that the matter requires transfer.
7. The proceedings in I.D.O.P.No.86 of 2015 is withdrawn from the file of District Court, Thanjavur and is transferred to the file of Family Court, Chennai, for disposal on merits.
8. The Transfer CMP is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
30.09.2016 Index:Yes/No svki To
1.The District Court, Thanjavur
2.The Family Court, Chennai.
K.K.SASIDHARAN,J.
(svki) Transfer CMP No.507 of 2015 30.09.2016