Madras High Court
T.Archana vs S.Naresh Kumar on 2 August, 2022
Tr.C.M.P.No.502 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.502 of 2022 and
C.M.P.No.9264 of 2022
T.Archana ... Petitioner
..Vs..
S.Naresh Kumar ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.1676 of 2022, pending on the file of the IV
Additional Family Court, Chennai and to transfer the same to the file of
the Sub Court, Madurantakam.
For Petitioner : Mr.G.Mageshkumar
For Respondent : Mr.C.Ganesh Pandian
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.1676 of 2022, pending on the file of the IV Additional
Family Court, Chennai and to transfer the same to the file of the Sub
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Tr.C.M.P.No.502 of 2022
Court, Madurantakam.
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.1676 of 2022, pending on the file of the IV 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.1676 of 2022, pending on the file of the IV
Additional Family Court, Chennai and transfer the same to the file of the
Sub Court, Madurantakam.
4. The petitioner has stated that she and her minor daughter are
staying with her aged mother and it is very difficult for the petitioner to
travel from Madurantakam to Chennai, for attending the Court
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Tr.C.M.P.No.502 of 2022
proceedings at Chennai.
5.The learned counsel appearing for the respondent has no
objection to transfer the HMOP.No.1676 of 2022 pending on the file IV
Additional Family Court, Chennai to the file of Sub Court,
Madurantakam.
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.502 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.1676 of 2022 filed by the Respondent is
ordered to be withdrawn from the file of the IV Additional Family Court,
Chennai and transferred to the file of the Sub Court, Madurantakam. The
learned IV Additional Judge, Family Court, Chennai is directed to
transmit all the records pertaining to H.M.O.P.No.1676 of 2022 to the file
of the Sub Court, Madurantakam 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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.502 of 2022
1.The IV Additional Judge, Family Court, Chennai.
2.The Judge, Sub Court, Madurantakam.
R.N.MANJULA,J.
vkr
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.502 of 2022
Tr.C.M.P. No.502 of 2022 and
C.M.P.No.9264 of 2022
02.08.2022
https://www.mhc.tn.gov.in/judis
