Madras High Court
Latha vs Kesavan on 16 June, 2022
Tr.C.M.P.No.252 of 2022 and
C.M.P.No.5077 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.252 of 2022 and
C.M.P.No.5077 of 2022
Latha ... Petitioner
..Vs..
Kesavan ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.4 of 2022, pending on the file of the Sub-
Court at Mettupalayam and transfer the same to the Family Court,
Chengalpattu.
For Petitioner : Mr.S.Muthukrishnan
For Respondent : No appearance
ORDER
This petition is filed to withdraw the proceedings in H.M.O.P.No.4
of 2022, pending on the file of the Sub Court at Mettupalayam and
transfer the same to the Family Court, Chengalpattu.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.252 of 2022 and
C.M.P.No.5077 of 2022
2. Notice to the respondent has been sent through E-mail by the
learned counsel for the petitioner as per the direction of this Court dated
28.04.2022 and the same has been received by the respondent. The copy
of the sent mail has also been furnished before this Court. Despite the
same, the respondent did not make his appearance before this Court
either in person or through counsel.
3. Heard the learned counsel for the petitioner and perused the
materials available on record.
4.The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
23.08.2018 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.4 of 2022, on the file of the Sub Court, Mettupalayam,
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.4 of
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.252 of 2022 and
C.M.P.No.5077 of 2022
2022, pending on the file of Sub Court, Mettupalayam and transfer the
same to the file of the learned Judge, Family Court, Chengalpattu.
5. The petitioner has stated that she is staying with her aged
parents and it is very difficult for her to travel from Chengalpattu to
Mettupalayam for attending the Court proceedings at Mettupalayam.
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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.252 of 2022 and
C.M.P.No.5077 of 2022
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.4 of 2022 filed by the Respondent is ordered
to be withdrawn from the file of Sub Court, Mettupalayam and
transferred to the file of the Family Court, Chengalpattu. The learned
Judge, Sub Court, Mettupalayam, is directed to transmit all the records
pertaining to H.M.O.P.No.4 of 2022 to the file of the Family Court,
Chengalpattu, 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.
16.06.2022
Index:Yes/No
Speaking Order:Yes/No
gsk
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.252 of 2022 and
C.M.P.No.5077 of 2022
To
1.The Judge, Sub Court, Mettupalayam.
2.The Judge, Family Court, Chengalpattu.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.252 of 2022 and
C.M.P.No.5077 of 2022
R.N.MANJULA,J.
gsk
Tr.C.M.P.No.252 of 2022 and
C.M.P.No.5077 of 2022
16.06.2022
https://www.mhc.tn.gov.in/judis
