Madras High Court
V.Subashini vs P.Vinoth on 4 July, 2022
Tr.C.M.P.No.374 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.374 of 2022
and C.M.P.No.7164 of 2022
V.Subashini ... Petitioner
..Vs..
P.Vinoth ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw
FCOP.No.50 of 2022 pending on the file of the Family Court, Erode and
transfer the same to the file of the Family Court, Chennai.
For Petitioner : Mr.V.Chethana
For Respondent : Mr.L.Mouli
ORDER
This petition is filed to withdraw F.C.O.P.No.50 of 2022 pending
on the file of the Family Court, Erode and transfer the same to the file of
the Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.374 of 2022
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
03.03.2021 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
F.CO.P.No.50 of 2022 on the file of the Family Court, Erode, against the
petitioner seeking divorce. Now, the petitioner herein who is the wife has
preferred the present petition to withdraw F.C.O.P.No.50 of 2022 on the
file of the Family Court, Erode and transfer the same to the file of the
learned Judge, Family Court, Chennai.
4. The petitioner has stated that she is working in New Indian
Express in Chennai and it is very difficult for her to travel from Chennai
to Erode for attending the Court proceedings at Erode.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.374 of 2022
5.The learned counsel for the respondent submitted that since the
respondent is working in Erode, it cannot be conveneant for him to
travel from Erode to Chennai and hence, the petition may be dismissed.
6. 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.374 of 2022
7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in F.C.O.P.No.50 of 2022 filed by the Respondent is ordered
to be withdrawn from the file of Family Court, Erode and transferred to
the file of the Family Court, Chennai. The learned Judge, Family Court,
Erode, is directed to transmit all the records pertaining to F.C.O.P.No.50
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.
04.07.2022
vkr
Index:Yes/No
Speaking Order:Yes/No
To
1.The Judge, Family Court, Erode.
2.The Judge, Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.374 of 2022
R.N.MANJULA,J.
vkr
Tr.C.M.P. No.374 of 2022
and C.M.P.No.7164 of 2022
04.07.2022
https://www.mhc.tn.gov.in/judis
