S.Nisha vs R.Vivek
2022 Latest Caselaw 10246 Mad

                                                                               Tr.C.M.P.No.150 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 15.06.2022

                                                            CORAM :

                                     THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                  Tr.C.M.P. No.150 of 2022
                                                 and C.M.P.No.2910 of 2022

                     S.Nisha                                                            ... Petitioner
                                                                ..Vs..

                     R.Vivek                                                         ... Respondent

                     Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw and

                     transfer H.M.O.P.No.51 of 2021 from the file of the Sub Court at Attur to

                     the file of the Subordinate Court, Rasipuram.

                                       For Petitioner          : Mr.D.M.Senthil Kumar

                                       For Respondent          : Mr.C.Prabakaran

                                                            ORDER

This petition is filed to withdraw the H.M.O.P.No.51 of 2021 on

the file of the Sub Court at Attur and transfer the same to the file of the

Subordinate Court, Rasipuram.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.150 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

17.06.2018 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.51 of 2021 on the file of the Subordinate Court, Attur,

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.51 of

2021 pending on the file of the Subordinate Court, Attur, and transfer the

same to the file of the Subordinate Court, Rasipuram.

4. The petitioner has stated that she is staying with her parents

along with her 1.5 years old son and it is very difficult for her to travel

from Rasipuram to Attur for attending the Court proceedings at Attur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.150 of 2022

5. The learned counsel 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 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]. 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.150 of 2022

7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.

The petition in H.M.O.P.No.51 of 2021 filed by the Respondent is

ordered to be withdrawn from the file of Subordinate Court, Attur and

transferred to the file of the Subordinate Court, Rasipuram. The learned

Sub Judge, Attur, is directed to transmit all the records pertaining to

H.M.O.P.No.51 of 2021 to the file of the Subordinate Court, Rasipuram,

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.

15.06.2022 vkr Index:Yes/No Speaking Order:Yes/No

To

1.The Sub Judge, Attur.

2.The Sub Judge, Rasipuram.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.150 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.150 of 2022 and C.M.P.No.2910 of 2022

15.06.2022

https://www.mhc.tn.gov.in/judis