IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.11.2008 Coram The Honourable Mr.Justice M.VENUGOPAL Tr.C.M.P.No.478 of 2007 and M.P.No.1 of 2007 J.Vanishree ... Petitioner Vs. G.Jayachandran ... Respondent This Transfer Civil Miscellaneous petition has been filed to transfer the H.M.O.P.No.31 of 2007 on the file of Principal Subordinate Judge, Cuddalore to the Principal Family Court, Chennai. For Petitioner : Mrs.K.Santhakumari For respondent : No appearance O R D E R The petitioner/wife has filed this transfer civil miscellaneous petition praying for issuance of an order by this Court to transfer H.M.O.P.No.31 of 2007 from the file of Principal Subordinate Judge, Cuddalore to the file of Principal Family Court, Chennai. 2.The respondent/husband has filed H.M.O.P.No.31 of 2007 before the Principal Subordinate Judge, Cuddalore against the petitioner/wife praying for the relief of restitution of conjugal rights. The petitioner/wife has filed Crl.M.P.No.102 of 2007 on the file of VII Metropolitan Magistrate, George Town, Chennai praying for the relief of maintenance and it appears that the petitioner/wife has been awarded with a monthly maintenance of Rs.2000/- to be payable by the respondent/husband. As against the order passed in Crl.M.P.102 of 2007, the respondent/husband has filed Crl.A.No.95 of 2007 on the file of First Additional Judge, City Civil Court, Chennai and the same is pending. 3. The learned counsel appearing for the petitioner submits that at the time when the respondent/husband has filed H.M.O.P.No.31 of 2007 before the Principal Subordinate Judge, Cuddalore, on the footing that the petitioner/husband and the respondent/husband lastly resided together at Cuddalore and now https://hcservices.ecourts.gov.in/hcservices/ both of them are residing at Chennai viz., respondent/husband is residing at Nellangarai and the petitioner/wife is residing at Perambur and therefore, prays for allowing this transfer civil miscellaneous petition in the interest of justice. 4.Furthermore, the learned counsel appearing for the petitioner/wife draws the attention of this Court to the deposition of respondent/husband tendered in Crl.M.P.No.102 of 2007 before VII Metropolitan Magistrate, George Town, Chennai wherein the respondent/husband has categorically stated in his chief examination that he is residing at No. 34/10, Suryagardan, Pandian Salai, Neelangarai. 5. Whenever a Court of law deals with a transfer application, the Court has to take note of the convenience of both parties. However, the convenience of the petitioner/wife is primordial one and the same normally stands in a better footing and ultimately justice is to be meted out to the parties. 6. As far as the present case is concerned, in view of the subsequent fact and development that the petitioner/wife and the respondent/husband are residing at Perambur and Neelangarai at Chennai respectively, this Court in the interest of justice allows this transfer civil miscellaneous petition and directs the withdrawal of H.M.O.P.No.31 of 2007 from the file of Principal Subordinate Judge, Cuddalore to the file of Principal Family Court, Chennai and the Principal Subordinate Judge, Cuddalore is directed to transfer the said H.M.O.P. No 31 of 2007 from its file to the file of the Principal Family Court, Chennai within a period of seven days from the date of receipt of a copy of this order and after receiving the case bundle in H.M.O.P.No.31 of 2007, the Principal Family Court, Chennai is directed to proceed further in accordance with law, after providing due opportunity to both the parties. There shall be no order as to costs. Consequently, connected M.P.No.1 of 2008 is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. sg https://hcservices.ecourts.gov.in/hcservices/ To 1.The Principal Judge, Family Court, Chennai 2.The Principal Subordinate Judge, Cuddalore + 1 CC To Mrs.K.Santhakumari, Advocate SR NO.66072 TR.C.M.P.No.478 of 2007 RJ {CO} TP/2.12.08 https://hcservices.ecourts.gov.in/hcservices/