Tr.C.M.P.No.297 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P.No.297 of 2022
and
C.M.P.No.5965 of 2022
K.P.Aswini ... Petitioner
Vs
Vignesh ... Respondent
Prayer :- Petition is filed under Section 24 of C.P.C., pleased to withdraw
H.M.O.P.No.121 of 2022 pending on the file of the Family Court, Salem and
transfer the same to the Subordinate Court, Arakkonam.
For Petitioner : Mr.L.Sunil
For Respondent : No Appearance
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https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.297 of 2022
ORDER
This Petition has been filed to withdraw H.M.O.P.No.121 of 2022 pending on the file of the Family Court, Salem and transfer it to the Subordinate Court, Arakkonam.
2. Heard the learned counsel for the petitioner and perused the materials available on record.
3. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 14.06.2019 as per Hindu Rites and Customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.M.O.P.No.121 of 2022, on the file of the Family Court, Salem, against the petitioner seeking divorce. Now, the petitioner herein who is the wife has preferred the present petition to withdraw H.M.O.P.No.121 of 2022 pending on the file of the Family Court, Salem and transfer the same to the file of the Subordinate Court, Arakkonam.
Page 2 / 4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.297 of 2022
4. The petitioner has stated that now she is residing with her aged parents along with her girl child and it is very difficult for her to travel from Arakkonam to Salem, for attending the Court proceedings at Salem.
5. It is needless to state that in matrimonial proceedings, preference should be given to the convenience of the wife. The said position has been settled in various Judgments of the Hon'ble Supreme Court and more particularly in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another]. Infact as per the amended Section 19(iii-a) of the Hindu Marriage Act, 1955, the wife is guarded with the right to file proceedings in the place where she resides. The above amendment was brought with the object of facilitating the wife to participate in the matrimonial proceedings without any hardship. In view of the above reasons, I feel that the prayer of the petitioner should be considered favourably.
R.N.MANJULA, J.
Page 3 / 4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.297 of 2022 rgi
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The petition in H.M.O.P.No.121 of 2022 filed by the Respondent is ordered to be withdrawn from the file of Family Court, Salem and transferred to the file of Subordinate Court, Arakkonam. The learned Judge, Family Court, Salem, is directed to transmit all the records pertaining to H.M.O.P.No.121 of 2022 to the file of the Subordinate Court, Arakkonam, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
28.06.2022
rgi
Index : Yes
Internet : Yes
Speaking Order
To
1.The Judge, Family Court, Salem.
2.The Judge, Subordinate Court, Arakkonam.
Tr.C.M.P.No.297 of 2022 and C.M.P.No.5965 of 2022 Page 4 / 4 https://www.mhc.tn.gov.in/judis