FELSHIA VASANTHI Vs. R SEKAR ALIAS GUNASEKAR

JUDGEMENT

(1.) THE petitioner is the wife in the matrimonial proceedings in IDOP.No.34 of 2003 on the file of the Family Court, Madurai. Transfer CMP.No.498 of 2004 is for withdrawal of the said OP from the file of Family Court, Madurai to the file of Subordinate Court, Thoothukudi.

(2.) PENDING the above OP, the respondent/husband filed O.S.No.20 of 2004, which relates to the properties of the spouse and claiming that such a suit would be covered by the extension to Section 7(1) of the Family Courts Act (in Short `the Act').

(3.) AT the time of making oral submission, the learned counsel for the petitioner submitted that the proceedings may be transferred to any District Judge. Reliance was placed on Sumita Singh Vs. Kumar Sanjay and another (AIR 2002 SC 396) wherein at paragraph-3 it is held thus: 3. It is the husband's suit against the wife. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to make the transfer petition absolute.