Madras High Court
S.Sathiyapriya vs P.Narendran on 4 July, 2022
Tr.C.M.P.No.379 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.379 of 2022
and C.M.P.No.7298 of 2022
S.Sathiyapriya ... Petitioner
..Vs..
P.Narendran ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw
H.M.O.P.No.138 of 2022 pending on the file of the Sub Court,
Thiruvottriyur and transfer the same to the file of the Family Court,
Villupuram to be tried along with H.M.O.P.No.45 of 2022.
For Petitioner : Mr.A.Prakashadiapadam
For Respondent : No appearance
ORDER
This petition is filed to withdraw H.M.O.P.No.138 of 2022
pending on the file of the Sub Court, Thiruvottriyur and transfer the same
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.379 of 2022
to the file of the Family Court, Villupuram to be tried along with
H.M.O.P.No.45 of 2022.
2.Heard the learned counsel for the petitioner and perused the
materials available on record. The respondent, though served, has not
entered appearance either in person or through counsel.
3.The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
12.02.2020 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.138 of 2022 on the file of the Sub Court, Thiruvottriyur
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.138
of 2022 pending on the file of the Sub Court, Thiruvottriyur and transfer
the same to the file of the learned Judge, Family Court, Villupuram to be
tried along with H.M.O.P.No.45 of 2022.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.379 of 2022
4. The petitioner has stated that she is staying lonely in Villupuram
and it is very difficult for her to travel lonely from Villupuram to Chennai
for attending the Court proceedings at Chennai.
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.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.379 of 2022
6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in H.M.O.P.No.138 of 2022 filed by the respondent is
ordered to be withdrawn from the file of the Sub Court, Thiruvottriyur
and transferred to the file of the Family Court, Villupuram to be tried
along with H.M.O.P.No.45 of 2022. The learned Judge, Sub Court,
Thiruvottriyur, is directed to transmit all the records pertaining to
H.M.O.P.No.138 of 2022 to the file of the Family Court, Villupuram,
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, Villupuram.
2.The Judge, Sub Court, Thiruvottriyur.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.379 of 2022
R.N.MANJULA,J.
vkr
Tr.C.M.P. No.379 of 2022
and C.M.P.No.7298 of 2022
04.07.2022
https://www.mhc.tn.gov.in/judis
