Madras High Court
S.Saranya vs P.Arun Kumar on 2 August, 2022
Tr.C.M.P.No.392 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.392 of 2022 and
C.M.P.No.7529 of 2022
S.Saranya ... Petitioner
..Vs..
P.Arun Kumar ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.518 of 2022, pending on the file of the V
Additional Family Court, Chennai and to transfer the same to the file of
the Family Court, Namakkal.
For Petitioner : Mrs.B.Gomathi
For Respondent : Mr.V.Arunagiri
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.518 of 2022, pending on the file of the V Additional Family
Court, Chennai and to transfer the same to the file of the Family Court,
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Tr.C.M.P.No.392 of 2022
Namakkal.
2.Heard the learned counsel for the petitioner as well as the learned
counsel for the respondent 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
08.09.2019 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.MO.P.No.518 of 2022, pending on the file of the V Additional Family
Court, Chennai 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.518 of 2022, pending on the file of the V Additional Family
Court, Chennai and transfer the same to the file of the Family Court,
Namakkal.
4. The petitioner has stated that she is staying with her aged
parents and it is very difficult for the petitioner to travel from Namakkal
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Tr.C.M.P.No.392 of 2022
to Chennai, for attending the Court proceedings at Chennai.
5.The learned counsel appearing for the respondent has no
objection to transfer the HMOP.No.518 of 2022 pending on the file V
Additional Family Court, Chennai to the file of Family Court, Namakkal.
6.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
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Tr.C.M.P.No.392 of 2022
that the prayer of the petitioner should be considered favourably.
7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in H.M.O.P.No.518 of 2022 filed by the Respondent is
ordered to be withdrawn from the file of the V Additional Family Court,
Chennai and transferred to the file of the Family Court, Namakkal. The
learned V Additional Judge, Family Court, Chennai is directed to transmit
all the records pertaining to H.M.O.P.No.518 of 2022 to the file of the
Family Court, Namakkal 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.
01.08.2022
Index:Yes/No
Speaking Order:Yes/No
vkr
To
1.The V Additional Judge, Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.392 of 2022
2.The Judge, Family Court, Namakkal.
R.N.MANJULA,J.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.392 of 2022
vkr
Tr.C.M.P. No.392 of 2022 and
C.M.P.No.7529 of 2022
02.08.2022
https://www.mhc.tn.gov.in/judis
