Madras High Court
G.Nandhini vs G.Premkumar on 6 July, 2022
Tr.C.M.P.No.412 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tr.C.M.P.No.412 of 2022
and
C.M.P.No.7646 of 2022
G.Nandhini ... Petitioner
Vs.
G.Premkumar ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
I.D.O.P.No.87 of 2022 on the file of the learned Family Judge, Madurai and
transfer the same to the file of the II Additional Family Court, Chennai to
try along with M.C.No.145 of 2022.
For Petitioner : Mr. K.Kannan
For Respondent : Mr. R.Ramasamy
ORDER
This petition has been preferred to withdraw I.D.O.P.No.87 of 2022
pending on the file of the Family Court, Madurai and transfer the same to
the file of the II Additional Family Court, Chennai to be tried along with
M.C.No.145 of 2022, which has been filed by the petitioner/wife.
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Tr.C.M.P.No.412 of 2022
2. Heard the learned counsel for the petitioner and the learned counsel
respondent and also 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
23.11.2017 as per Christian Rites and Customs. Since the relationship
between the couple went bitter, the Respondent/Husband filed
I.D.O.P.No.87 of 2022 before the learned Judge, Family Court, Madurai
against the petitioner/wife seeking dissolution of marriage. Now, the
petitioner herein who is the wife has preferred the present petition to
withdraw I.D.O.P.No.87 of 2022 pending on the file of the Family Court,
Madurai and transfer the same to the file of the II Additional Family Court,
Chennai to be tried along with M.C.No.145 of 2022.
4. The petitioner has stated that she is staying with her aged mother
along with her 3 ½ year child and it is very difficult for her to travel from
Chennai to Madurai for attending the Court proceedings at Madurai.
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Tr.C.M.P.No.412 of 2022
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 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]. In fact 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 I.D.O.P.No.87 of 2022 filed by the Respondent is ordered to
be withdrawn from the file of the Family Court, Madurai and transferred to
the file of the II Additional Family Court, Chennai to be tried along with
M.C.No.145 of 2022. The learned Judge, Family Court, Madurai is directed
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Tr.C.M.P.No.412 of 2022
to transmit all the records pertaining to I.D.O.P.No.87 of 2022 to the file of
the II Additional 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.
06.07.2022
Index:Yes/No
Speaking Order:Yes/No
ms
To
1.The Judge,
Family Court,
Madurai.
2.The II Additional Judge,
II Additional Family Court,
Chennai.
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Tr.C.M.P.No.412 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.412 of 2022
and
C.M.P.No.7646 of 2022
06.07.2022
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