Madras High Court
Shalini.M.P vs Sabarinivas on 1 July, 2022
Tr.C.M.P.No.334 of 2022 and
C.M.P.No.6642 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.334 of 2022 and
C.M.P.No.6642 of 2022
Shalini.M.P. ... Petitioner
..Vs..
Sabarinivas ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw and
transfer the proceedings in H.M.O.P.No.15 of 2022, from the learned
Subordinate Judge, Ranipet to the learned Subordinate Judge,
Poonamallee.
For Petitioner : Mr.R.Perumal Raj
For Respondent : No appearance
ORDER
This petition is filed to withdraw and transfer the proceedings in
H.M.O.P.No.15 of 2022, from the learned Subordinate Judge, Ranipet to
the learned Subordinate Judge, Poonammallee.
2.Heard the learned counsel for the petitioner and perused the
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Tr.C.M.P.No.334 of 2022 and
C.M.P.No.6642 of 2022
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
13.06.2008 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.15 of 2022, on the file of the Subordinate Court, Ranipet,
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.15 of
2022 pending on the file of learned Subordinate Judge, Ranipet and
transfer the same to the file of the learned Subordinate Judge,
Poonammallee.
4. The petitioner has stated that she is staying with her aged
parents and it is very difficult for her to travel from Poonammallee to
Ranipet for attending the Court proceedings at Ranipet.
5. It is needless to state that in matrimonial proceedings,
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Tr.C.M.P.No.334 of 2022 and
C.M.P.No.6642 of 2022
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]. 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.15/2022, filed by the Respondent is
ordered to be withdrawn from the file of the Subordinate Judge, Ranipet
and transferred to the file of the Subordinate Judge, Poonammallee. The
R.N.MANJULA,J.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.334 of 2022 and
C.M.P.No.6642 of 2022
gsk
learned Subordinate Judge, Ranipet, is directed to transmit all the records
pertaining to H.M.O.P.No.15/2022 to the file of the Subordinate Judge,
Poonammallee, 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.
01.07.2022
Index:Yes/No
Speaking Order:Yes/No
gsk
To
1.The Subordinate Judge, Ranipet.
2.The Subordinate Judge, Poonammallee.
Tr.C.M.P. No.334 of 2022 and
C.M.P.No.6642 of 2022
https://www.mhc.tn.gov.in/judis
