Madras High Court
S.Sindhuja vs R.Sathish Kumar on 5 July, 2022
Tr.C.M.P.No.447 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.447 of 2022 and
C.M.P.No.8150 of 2022
S.Sindhuja ... Petitioner
..Vs..
R.Sathish Kumar ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.525 of 2021, pending on the file of the
Family Court, Trichy and to transfer the same to the file of the Family
Court, Mannargudi to be tried along with H.M.O.P.No.34 of 2022.
For Petitioner : Mr.R.Karthik
For Respondent : Dr.G.Babu
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.525 of 2021, pending on the file of the Family Court, Trichy
and to transfer the same to the file of the Family Court, Mannargudi to be
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Tr.C.M.P.No.447 of 2022
tried along with H.M.O.P.No.34 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
01.06.2017 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.525 of 2021, pending on the file of the Family Court,
Trichy, 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.525 of 2021, pending on the file of the Family Court, Trichy
and transfer the same to the file of the Family Court, Mannargudi to be
tried along with H.M.O.P.No.34 of 2022, which is filed by the
petitioner/wife.
4. The petitioner has stated that she is staying with her aged
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Tr.C.M.P.No.447 of 2022
parents and it is very difficult for the petitioner to travel from
Mannargudi to Trichy, for attending the Court proceedings at Trichy.
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.
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Tr.C.M.P.No.447 of 2022
The petition in H.M.O.P.No.525 of 2021 filed by the Respondent is
ordered to be withdrawn from the file of the Family Court, Trichy and
transferred to the file of the Family Court, Mannargudi to be tried along
with H.M.O.P.No.34 of 2022, which is filed by the petitioner/wife. The
learned Family Judge, Trichy is directed to transmit all the records
pertaining to H.M.O.P.No.525 of 2021 to the file of the Family Court,
Mannargudi, 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.
05.07.2022
Index:Yes/No
Speaking Order:Yes/No
vkr
To
1.The Family Judge, Trichy.
2.The Family Judge, Mannargudi.
R.N.MANJULA,J.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.447 of 2022
vkr
Tr.C.M.P. No.447 of 2022 and
C.M.P.No.8150 of 2022
05.07.2022
https://www.mhc.tn.gov.in/judis
