Madras High Court
Priyadharsiny vs Purandaradasan on 14 June, 2022
Tr.C.M.P.No.196 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2022
CORAM :
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
Tr.C.M.P. No.196 of 2022
and C.M.P.No.3968 of 2022
Priyadharsiny ... Petitioner
..Vs..
Purandaradasan ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
petition in H.M.O.P.No.111 of 2021 from the file of the Principal Sub-
Court at Tindivanam and transfer it to the Family Court, Puducherry to be
tried along with H.M.O.P.No.547 of 2021.
For Petitioner : Mr.R.Mugundhan
For Respondent : Mr.G.Magesh Kumar
****
ORDER
This petition is filed to withdraw the petition in H.M.O.P.No.111 of
2021 from the file of the Principal Sub-Court at Tindivanam and transfer
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Tr.C.M.P.No.196 of 2022
it to the Family Court, Puducherry to be tried along with
H.M.O.P.No.547 of 2021.
2 Heard the learned counsel for the petitioner and 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
10.02.2019 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband has filed
H.M.OP.No.111 of 2021 on the file of the Principal Sub-Court,
Tindivanam against the Petitioner seeking divorce. The petitioner has
filed H.M.O.P.No.547 of 2021 for Restitution of Conjugal Rights which
is pending before the Family Court, Puducherry. Now, the Petitioner
herein who is the wife has preferred the present petition to withdraw
H.M.O.P.No.111 of 2021 pending on the file of the Principal Sub-Court,
Tindivanam and transfer the same to the file of Family Court,
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Tr.C.M.P.No.196 of 2022
Puducherry, to be tried along with H.M.O.P.No.547 of 2021.
4. The petitioner has stated that she is presently working as a
Doctor and staying with her parents house along with her minor child
and it is very difficult for her to travel from Puducherry to Tindivanam
for attending the Court proceedings at Tindivanam.
5. The learned counsel appearing for the Respondent submitted
that this petition for transfer has been filed only to drag on the
proceedings and prayed for dismissal of the transfer petition.
6. It is needless to state that in the 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
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Tr.C.M.P.No.196 of 2022
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.
7. Accordingly, the Transfer Civil Miscellaneous Petition is
allowed. The petition in H.M.O.P.No.111 of 2021 filed by the
Respondent is ordered to be withdrawn from the file of Principal Sub-
Court, Tindivanam and transferred to the file of the Family Court,
Puducherry and to be tried along with H.M.O.P.No.547 of 2021. The
learned Judge, Principal Sub-Court, Tindivanam is directed to transmit
all the records pertaining to H.M.O.P.No.111 of 2021 to the file of the
Family Court, Puducherry, within a period of two weeks from the date of
receipt of a copy of this order. No costs. Consequently, connected
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Tr.C.M.P.No.196 of 2022
Miscellaneous Petition is closed.
14.06.2022
ssn
Index : Yes/No
Speaking Order : Yes / No
To
1.The Principal Sub-Court,
Tindivanam.
2.The Family Court,
Puducherry.
R.N.MANJULA, J.,
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.196 of 2022
ssn
Tr.C.M.P. No.196 of 2022
and C.M.P.No.3968 of 2022
14.06.2022
https://www.mhc.tn.gov.in/judis
