Madras High Court
B.Sarah vs S.Vinoth on 2 August, 2022
Tr.C.M.P.No.410 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.410 of 2022 and
C.M.P.No.7630 of 2022
B.Sarah ... Petitioner
..Vs..
S.Vinoth ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in I.D.O.P.No.143 of 2022, pending on the file of the Family
Court, Coimbatore and to transfer the same to the file of the Family
Court, Trichy.
For Petitioner : M/s.Bejjam Raju
For Respondent : No appearance
ORDER
This petition is filed to withdraw the proceedings in
I.D.O.P.No.143 of 2022, pending on the file of the Family Court,
Coimbatore and to transfer the same to the file of the Family Court,
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.410 of 2022
Trichy.
2.Heard the learned counsel for the petitioner and perused the
materials available on record. Though notice has been served to the
respondent, none appeared either in person or through counsel.
3.The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
11.11.2018. Since, the relationship between the couples went bitter, the
Respondent/Husband filed I.D.O.P.No.143 of 2022, pending on the file of
the Family Court, Coimbatore against the petitioner seeking divorce.
Now, the petitioner herein who is the wife has preferred the present
petition to withdraw I.D.O.P.No.143 of 2022, pending on the file of the
Family Court, Coimbatore and transfer the same to the file of the Family
Court, Trichy.
4. The petitioner has stated that she and her daughter are staying
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.410 of 2022
with her aged parents and it is very difficult for the petitioner to travel
from Trichy to Coimbatore, for attending the Court proceedings at
Coimbatore.
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.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.410 of 2022
6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in I.D.O.P.No.143 of 2022 filed by the Respondent is
ordered to be withdrawn from the file of the Family Court, Coimbatore
and transferred to the file of the Family Court, Trichy. The learned Judge,
Family Court, Coimbatore is directed to transmit all the records
pertaining to I.D.O.P.No.143 of 2022 to the file of the Family Court,
Trichy 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, Coimbatore.
2.The Judge, Family Court, Trichy.
R.N.MANJULA,J.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.410 of 2022
vkr
Tr.C.M.P. No.410 of 2022 and
C.M.P.No.7630 of 2022
02.08.2022
https://www.mhc.tn.gov.in/judis
