M.Abinaya vs V.Allan Rabindran
2022 Latest Caselaw 10485 Mad

                                                                                  Tr.C.M.P.No.368 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 17.06.2022

                                                             CORAM :

                                     THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                   Tr.C.M.P. No.368 of 2022
                                                  and C.M.P.No.6984 of 2022

                     M.Abinaya                                                             ... Petitioner
                                                                 ..Vs..

                     V.Allan Rabindran                                                  ... Respondent

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

                     S.M.O.P.No.33 of 2022 pending on the file of the learned Judge, Family

                     Court, Chengalpattu and transfer the same to the Family Court, Chennai.

                                        For Petitioner          : Mrs.Auxilia Peter

                                        For Respondent          : No appearance

                                                             ORDER

This petition is filed to withdraw S.M.O.P.No.33 of 2022 pending

on the file of the learned Judge, Family Court, Chengalpattu and transfer

the same to the Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.368 of 2022

2.Heard the learned counsel for the petitioner and perused the

materials available on record. The respondent, though served, has not

entered appearance either in person or through counsel.

3.The petitioner is the wife and respondent is the husband. The

marriage between the petitioner and respondent was solemnized on

25.11.2018 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

S.M.O.P.No.33 of 2022 on the file of the Family Court, Chengalpattu,

against the petitioner seeking divorce. Now, the petitioner herein who is

the wife has preferred the present petition to withdraw S.M.O.P.No.33 of

2022 on the file of the Family Court, Chengalpattu and transfer the same

to the file of the learned Judge, Family Court, Chennai.

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

daughter and aged parents and it is very difficult for her to travel from

Chennai to Chengalpattu for attending the Court proceedings at

Chengalpattu.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.368 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]. 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.

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

The petition in S.M.O.P.No.33 of 2022 filed by the Respondent is ordered

to be withdrawn from the file of Family Court, Chengalpattu and

transferred to the file of the Family Court, Chennai. The learned Judge,

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.368 of 2022

Family Court, Chengalpattu, is directed to transmit all the records

pertaining to S.M.O.P.No.33 of 2022 to the file of the 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.

17.06.2022 vkr Index:Yes/No Speaking Order:Yes/No

To

1.The Judge, Family Court, Chengalpattu.

2.The Judge, Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.368 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.368 of 2022 and C.M.P.No.6984 of 2022

17.06.2022

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