Sowmiya vs Manojkumar
2022 Latest Caselaw 10486 Mad

                                                                               Tr.C.M.P.No.289 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.289 of 2022
                                                 and C.M.P.No.5808 of 2022

                     Sowmiya                                                            ... Petitioner
                                                               ..Vs..

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

                     H.M.O.P.No.175 of 2021 pending on the file of the Sub Court, Theni and

                     transfer the same to the Sub Court, Pollachi to be tried along with

                     H.M.O.P.No.276 of 2021.

                                        For Petitioner       : Mrs.Auxilia Peter
                                        For Respondent       : No appearance

                                                             ORDER

This petition is filed to withdraw H.M.O.P.No.175 of 2021 pending

on the file of the Sub Court, Theni and transfer the same to the Sub

Court, Pollachi to be tried along with H.M.O.P.No.276 of 2021.

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

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.289 of 2022

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

10.12.2020 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.175 of 2021 on the file of the Sub Court, Theni, 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.175 of 2021 on

the file of the Sub Court, Theni and transfer the same to the file of the

learned Judge, Sub Court, Pollachi to be tried along with

H.M.O.P.No.276 of 2021, which is filed by the petitioner / wife.

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

parents and it is very difficult for her to travel from Pollachi to Theni for

attending the Court proceedings at Theni.

5. It is needless to state that in matrimonial proceedings,

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.289 of 2022

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 H.M.O.P.No.175 of 2021 filed by the Respondent is

ordered to be withdrawn from the file of Sub Court, Theni and transferred

to the file of the Sub Court, Pollachi to be tried along with

H.M.O.P.No.276 of 2021, which is filed by the petitioner/wife. The

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.289 of 2022

learned Judge, Sub Court, Theni, is directed to transmit all the records

pertaining to H.M.O.P.No.175 of 2022 to the file of the Sub Court,

Pollachi, 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, Sub Court, Pollachi.

2.The Judge, Sub Court, Theni.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.289 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.289 of 2022 and C.M.P.No.5808 of 2022

17.06.2022

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