Madhubala vs Raja Manickam
2022 Latest Caselaw 14325 Mad

                                                                                   Tr.C.M.P.No.588 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                           DATED : 11.08.2022

                                                               CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                    Tr.C.M.P. No.588 of 2022 and
                                                       C.M.P.No.10266 of 2022

                     Madhubala                                                                ...
                     Petitioner
                                                                   ..Vs..

                     Raja Manickam                                                                      ...
                     Respondent

                     Prayer:- Petition is filed under Section 24 of C.P.C., to order withdrawal

                     of the Hindu Marriage Original Petition in HMOP.No.140 of 2022 on the

                     file of the Principal Subordinate Judge, Tiruchirapalli and transfer the

                     said petition to the learned Family Court Judge, Chennai.

                                         For Petitioner            : Mr.D.Senthil Kumar

                                         For Respondent            : Mr.S.Sathish Rajan

                                                                ORDER

This petition is filed to withdraw the proceedings in

H.M.O.P.No.140 of 2022 on the file of the Principal Subordinate Court,

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.588 of 2022

Tiruchirapalli and transfer the same to the file of the Family Court,

Chennai.

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

17.02.2019 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.140 of 2022 on the file of the Principal Subordinate Court,

Tiruchirapalli 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.140 of 2022 on the file of the Principal Subordinate Court,

Tiruchirappalli and transfer the same to the file of the Family Court,

Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.588 of 2022

4. The petitioner has stated that she is staying with her aged

parents along with her 2 years old girl child in Chennai; it is very difficult

for her to travel from Chennai to Trichy for attending the Court

proceedings at Kovilpatti.

5. The learned counsel for the respondent submitted that though

the respondent has got no objection to transfer the proceedings from the

Principal Subordinate Court, Tiruchirapalli to the Family Court, Chennai,

he has objected to the averments made in the petition at Paragraph Nos.5

to 12.

6. Transfer Petition has been filed for a limited purpose of seeking

a prayer to transfer the proceedings from Principal Subordinate Court,

Tiruchirapalli to Family Court, Chennai. In such kind of petitions the

allegations which the parties used to make in the main original petition

need not be made in this transfer petition. Even though the allegations are

made in the transfer petition, this Court will not take them into

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.588 of 2022

consideration except for the limited purpose of considering the feasibility

for granting the transfer order. In the case in hand, the respondent himself

has stated no objection for transferring the case from Principal

Subordinate Court, Tiruchirappalli to the Family Court, Chennai. Under

such circumstances, the other allegations has got nothing to do with the

purpose of this case.

7. 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

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.588 of 2022

proceedings without any hardship. In view of the above reasons, I feel

that the prayer of the petitioner should be considered favourably.

8. Accordingly, the Transfer Civil Miscellaneous Petition is allowed.

The petition in H.M.O.P.No.140 of 2022 filed by the Respondent is

ordered to be withdrawn from the file of Principal Subordinate Court,

Tirucirappalli and transferred to the file of the Family Court, Chennai.

The learned Judge, Principal Subordinate Court, Tiruchirappalli, is

directed to transmit all the records pertaining to H.M.O.P.No.140 of 2022

to the file of the Family Court, Chennai, 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.

11.08.2022 dpq Index:Yes/No Speaking Order:Yes/No

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.588 of 2022

To

1. The Principal Subordinate Court, Trichy.

2. The Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.588 of 2022

R.N.MANJULA, J.

dpq

Tr.C.M.P. No.588 of 2022 and C.M.P.No.10266 of 2022

11.08.2022

https://www.mhc.tn.gov.in/judis