Madras High Court
Mahalakshmi vs S.Anand on 7 July, 2022
Tr.C.M.P.No.564 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P.No.564 of 2022
and
C.M.P.No.9796 of 2022
Mahalakshmi ... Petitioner
Vs
S.Anand ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., pleased to transfer the above
said O.P.No.455 of 2022 on the file of the IV Additional Family Court at Chennai
to the Sub-ordinate Court at Tiruttani.
For Petitioner : Mr.D.S.Ramesh
For Respondent : Mr.K.Sridevi for
M/s. H.N.Sunil Kumar Singh
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Tr.C.M.P.No.564 of 2022
ORDER
This Petition has been filed to transfer the proceedings in O.P.No.455 of
2022 on the file of the IV Additional Family Court, Chennai to the Sub-ordinate
Court, Tiruttani.
2. Heard the learned counsel appearing for both the petitioner and 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 08.11.2021 as per Hindu
Rites and Customs. Since, the relationship between the couples went bitter, the
petitioner filed H.M.O.P.No.34 of 2022, on the file of the Subordinate Court,
Tiruttani, against the respondent seeking divorce. Now, the petitioner herein who
is the wife has preferred the present petition to withdraw O.P.No.455 of 2022
pending on the file of the IV Additional Family Court, Chennai and transfer the
same to the file of the Subordinate Court, Tiruttani.
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Tr.C.M.P.No.564 of 2022
4. Learned counsel for the petitioner submitted that the petitioner/wife has
already filed a petition in H.M.O.P.No.34 of 2022 on the file of the Subordinate
Court, Tiruttani for dissolution of Marriage; subsequently, the respondent/husband
has also filed a petition in O.P.No.455 of 2022 for dissolution of marriage and to
declare the marriage held between the petitioner and respondent as Null and Void
and it is pending on the file of the IV Additional Family Court, Chennai.
5. Learned counsel for the petitioner further submitted that since, Tiruttani
is the native place of the petitioner and she has already initiated a matrimonial
proceedings at Subordinate Court, Tiruttani; it will be convenient if the other
proceedings filed by the respondent at Chennai also transferred to the Subordinate
Court, Tiruttani.
6. Learned counsel for the respondent submitted that the petitioner is
working at Hyderabad and she does not reside at Tiruttani and just in order to
harass the respondent, she has chosen to file this transfer application; She further
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Tr.C.M.P.No.564 of 2022
submitted that the matter may at least be transferred to any place in between
Chennai and Tiruttani in order to make it convenient for both the parties.
7. 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.
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Tr.C.M.P.No.564 of 2022
8. Since, the petitioner had chosen to file a petition at Tiruttani and the
subsequent petition was filed at Chennai, it will be only convenient, if the
proceedings transferred to the file of the Subordinate Court, Tiruttani in order to
conduct both H.M.O.P.No.34 of 2022 and O.P.No.455 of 2022 jointly. Since, the
distance between Chennai and Tiruttani is not too far, there is no need to find out a
place in between Chennai and Tiruttani. Even, it might be true that the petitioner is
working at Hyderabad, Tiruttani being her native place, it would be convenient for
her to attend proceedings at Tiruttani instead of a strange place like Chennai.
9. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in O.P.No.455 of 2022 filed by the Respondent is ordered to be withdrawn
from the file of the IV Additional Family Court, Chennai and transferred to the file
of Subordinate Court, Tiruttani. The learned Judge, IV Additional Family Court,
Chennai is directed to transmit all the records pertaining to O.P.No.455 of 2022 to
the file of the Subordinate Court, Tiruttani, to be tried along with H.M.O.P.No.34
of 2022, which is filed by the petitioner herein, within a period of two weeks from
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Tr.C.M.P.No.564 of 2022
R.N.MANJULA, J.
rgi
the date of receipt of a copy of this order. Consequently, connected Miscellaneous
Petition is closed. No costs.
07.07.2022
rgi
Index : Yes
Internet : Yes
Speaking Order
To
1.The Judge, IV Additional Family Court,
Chennai.
2.The Judge, Sub-ordinate Court,
Tiruttani.
Tr.C.M.P.No.564 of 2022
and C.M.P.No.9796 of 2022
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