DURGA Vs. R MOHAN GANESH

JUDGEMENT

(1.) BASED on the proviso to Section 24 of the Code of Civil Procedure, this petition is filed by the petitioner to withdraw the case in O.P. No. 409 of 2009 from the file of the learned Principal Judge, Family Court, Chennai and to transfer to the file of Family Court, Madurai, for disposing the same in accordance with law.

(2.) THE facts led the petitioner to come forward with this petition may be summarized as under:

(3.) WHILE advancing his arguments, he has also submitted that a special insertion has been introduced by the Parliament by Section 4 of the amendment Act 15 of 2003 and thereby, the woman/wife has been given special preference for prosecuting/defending her case. Accordingly, she can sue or she can be sued before the Court in whose jurisdiction, she resides at the time of presenting the petition.