Madras High Court
C.Kanimozhi vs M.Natarajan on 4 August, 2022
Tr.C.M.P.No.369 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P.No.369 of 2022
and C.M.P.No.7015 of 2022
C.Kanimozhi ... Petitioner
Vs
M.Natarajan ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., pleased to withdraw and
transfer the case in H.M.O.P.No.410 of 2020 pending on the file of the Hon'ble
Family Court at Salem to the Family Court at Dharmapuri District.
For Petitioner : Mr.M.Loganathan
For Respondent : Mr.M.R.Jothimanian
ORDER
This Petition has been filed to withdraw and transfer the case in
H.M.O.P.No.410 of 2020 pending on the file of the Family Court, Salem to the
Family Court, Dharmapuri District.
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Tr.C.M.P.No.369 of 2022
2. Heard the learned counsel appearing for both the petitioner and 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 19.08.1994 as per Hindu
Rites and Customs. Since, the relationship between the couples went bitter, the
Respondent/Husband filed H.M.O.P.No.410 of 2020, on the file of the Family
Court, Salem, 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.410 of 2020
pending on the file of the Family Court, Salem and transfer the same to the file of
the Family Court, Dharmapuri.
4. The petitioner has stated that now she is residing with her two sons and
one of her sons is a special child and it is very difficult for her to travel from
Dharmapuri to Salem, for attending the Court proceedings at Salem.
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Tr.C.M.P.No.369 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 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.
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in H.M.O.P.No.410 of 2020 filed by the Respondent is ordered to be
withdrawn from the file of Family Court, Salem and transferred to the file of Family
Court, Dharmapuri. The learned Judge, Family Court, Salem, is directed to transmit
all the records pertaining to H.M.O.P.No.410 of 2020 to the file of the
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Tr.C.M.P.No.369 of 2022
R.N.MANJULA, J.
rgi/ms
Family Court, Dharmapuri, within a period of two weeks from the date of receipt of
a copy of this order. The learned Judge, Family Court, Dharmapuri is directed to
complete the proceedings in H.M.O.P.No.410 of 2020 as expeditiously as possible.
Consequently, connected Miscellaneous Petition is closed. No costs.
04.08.2022
rgi/ms
Index : Yes
Internet : Yes
Speaking Order
To
1.The Judge, Family Court, Salem.
2.The Judge, Family Court, Dharmapuri.
Tr.C.M.P.No.369 of 2022
and C.M.P.No.7015 of 2022
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https://www.mhc.tn.gov.in/judis
