Madras High Court
M.Karthik vs R.Sangeetha on 3 August, 2022
Tr.C.M.P.No.500 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2022
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tr.C.M.P.No.500 of 2022
and
C.M.P.No.9246 of 2022
M.Karthik ... Petitioner
Vs.
R.Sangeetha ... Respondent
Prayer:-Petition has been filed under Section 24 of C.P.C., to withdraw the
HMOP.No.93 of 2022 pending on the file of the learned Sub Court at
Uthamapalayam and transfer to the file of II Additional Family Court at
Chennai to be tried along with O.P.No.1197 of 2022 filed by the petitioner
which is pending adjudication.
For Petitioner : Mr.A.Prakash
for M/s.S.Revathy
For Respondent : Mr.G.Vanjinathan
ORDER
This petition has been preferred to withdraw H.M.O.P.No.93 of 2022
pending on the file of the Sub Court, Uthamapalayam and transfer the same
to the file of the II Additional Family Court, Chennai to be tried along with
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Tr.C.M.P.No.500 of 2022
O.P.No.1197 of 2022.
2. Heard the learned counsel for the petitioner and the learned counsel
respondent and also perused the materials available on record.
3. The petitioner is the husband and respondent is the wife. The
marriage between the petitioner and respondent was solemnized on
17.06.2018 as per Hindu rites and customs. Since the relationship between
the couple went bitter, the petitioner/husband filed O.P.No.1197 of 2022
before the learned II Additional Judge, Family Court, Chennai against the
respondent/wife for divorce on the ground of cruelty. Subsequently, the
respondent/wife also filed O.P.No.93 of 2022 before the learned
Subordinate Judge, Sub Court, Uthamapalayam for restitution of conjugal
rights. Now, the petitioner/husband has preferred the present petition to
withdraw H.M.O.P.No.93 of 2022 pending on the file of the Sub Court,
Uthamapalayam and transfer the same to the file of the II Additional Family
Court, Chennai to be tried along with O.P.No.1197 of 2022.
4. The learned counsel for the petitioner submitted that the petitioner
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Tr.C.M.P.No.500 of 2022
has a life threat in the hands of the respondent and her family members at
Uthamapalayam, Theni District, which is the native place of the
respondent/wife. He further submitted that if two different Courts decide the
litigation between the same parties that there is a every possibility of
conflicting judgments and in order to avoid multiplicity of proceedings,
H.M.O.P.No.93 of 2022 pending on the file of the Sub Court,
Uthamapalayam may be transferred to II Additional Family Court, Chennai
to be tried along with O.P.No.1197 of 2022.
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, 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 ]. In fact, 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
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Tr.C.M.P.No.500 of 2022
participate in the matrimonial proceedings without any hardship. In view of
the above reasons, the prayer sought for by the petitioner/husband to
transfer the case in H.M.O.P.No.93 of 2022 from the file of the Sub
Court,Uthamapalayam to the file of the II Additional Family Court, Chennai
should not be considered favourably.
6. In case the petitioner/husband finds it difficult to attend all the
hearings before the Sub Court, Uthamapalayam, he can make his appearance
during those hearings through his counsel by getting leave from the Court.
In view of the above stated reasons, the prayer sought by the petitioner
cannot be granted.
7. Accordingly, this Transfer Civil Miscellaneous Petition is
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
03.08.2022
Index:Yes/No
Speaking Order:Yes/No
ms
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Tr.C.M.P.No.500 of 2022
To
1. The II Additional Family Court,
Chennai.
2. The Sub Court,
Uthamapalayam.
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Tr.C.M.P.No.500 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.500 of 2022
and
C.M.P.No.9246 of 2022
03.08.2022
(2/2)
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