Madras High Court
Sumathi Abhirami vs Balaji on 2 August, 2022
Tr.C.M.P.No.506 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.506 of 2022 and
C.M.P.No.9296 of 2022
Sumathi Abhirami ... Petitioner
..Vs..
Balaji ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.757 of 2021, pending on the file of the
Subordinate Court, Alandur and to transfer the same to the file of the
Family Court, Salem.
For Petitioner : Mr.V.Raghavachari
For Respondent : Mr.E.Thamizhannai
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.757 of 2021, pending on the file of the Subordinate Court,
Alandur and to transfer the same to the file of the Family Court, Salem.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.506 of 2022
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
30.11.2012 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.MO.P.No.757 of 2021, pending on the file of the Subordinate Court,
Alandur 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.757 of 2021, pending on the file of the Subordinate Court,
Alandur and transfer the same to the file of the Family Court, Salem.
4. The petitioner has stated that she is staying in her parental along
with her mother and it is very difficult for the petitioner to travel from
Salem to Alandur, for attending the Court proceedings at Alandur.
5.The learned counsel appearing for the respondent has no
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.506 of 2022
objection to transfer the HMOP.No.757 of 2021 pending on the file
Subordinate Court, Alandur to the file of Family Court, Salem.
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
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.757 of 2021 filed by the Respondent is
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Tr.C.M.P.No.506 of 2022
ordered to be withdrawn from the file of the Subordinate Court, Alandur
and transferred to the file of the Family Court, Salem. The learned
Subordinate Judge, Alandur is directed to transmit all the records
pertaining to H.M.O.P.No.757 of 2021 to the file of the Family Court,
Salem 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 Judge, Family Court, Salem.
2.The Judge, Subordinate Court, Alandur.
R.N.MANJULA,J.
vkr
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.506 of 2022
Tr.C.M.P. No.506 of 2022 and
C.M.P.No.9296 of 2022
02.08.2022
https://www.mhc.tn.gov.in/judis
