Madras High Court
Sivapriya vs Sivakumar on 20 June, 2022
Tr.C.M.P.No.312 of 2022
and C.M.P.No.6319 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2022
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tr.C.M.P.No.312 of 2022
and
C.M.P.No.6319 of 2022
Sivapriya ... Petitioner
Vs.
Sivakumar ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
O.P.No.3454 of 2018 and M.C.No.345 of 2018 pending on the file of the VI
Additional Family Court Judge, Chennai to be tried along with O.P.No.4196
of 2017 pending before the III Additional Family Court, Chennai.
For Petitioner : Ms.P.Srividhya
For Respondent : No appearance
ORDER
This petition has been preferred to withdraw O.P.No.3454 of 2018
and M.C.No.345 of 2018 pending on the file of the VI Additional Family
Court, Chennai to be tried along with O.P.No.4196 of 2017 pending before
the III Additional Family Court, Chennai.
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Tr.C.M.P.No.312 of 2022
and C.M.P.No.6319 of 2022
2. Heard the learned counsel for the petitioner and perused the
materials available on record. Though notice was served on the respondent,
there is no representation on behalf of the respondent.
3.The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
20.01.2018. Since the relationship between the couple went bitter, the
Respondent/Husband filed O.P.No.4196 of 2017 on the file of the VI
Additional Family Court, Chennai against the petitioner seeking divorce
and the said petition was now transferred to the file of the III Additional
Family Court, Chennai at the instance of the petitioner/wife in
Tr.C.M.P.No.891 of 2021. Now, the petitioner herein who is the wife has
preferred the present petition to withdraw O.P.No.3454 of 2018 and
M.C.No.345 of 2018 pending on the file of the VI Additional Family Court,
Chennai to be tried along with O.P.No.4196 of 2017 pending before the
III Additional Family Court, Chennai.
4. The petitioner has stated that O.P.No.4196 of 2017 pending on the
file of the VI Additional Family Court, Chennai was already transferred to
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Tr.C.M.P.No.312 of 2022
and C.M.P.No.6319 of 2022
the file of the III Additional Family Court, Chennai and hence, connected
petitions in O.P.No.3454 of 2018 and M.C.No.345 of 2018 filed against the
respondent/husband seeking Restitution of Conjugal Rights and
maintenance may also be transferred to the file of the III Additional Family
Court, Chennai.
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]. In fact 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
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Tr.C.M.P.No.312 of 2022
and C.M.P.No.6319 of 2022
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 O.P.No.3454 of 2018 and M.C.No.345 of 2018
filed by the petitioner/wife is ordered to be withdrawn from the file of the
VI Additional Family Court, Chennai and transferred to the file of the III
Additional Family Court, Chennai to be tried along with O.P.No.4196 of
2017. The learned VI Additional Judge, Family Court, Chennai is directed
to transmit all the records pertaining to O.P.No.3454 of 2018 and
M.C.No.345 of 2018 to the file of the III Additional 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.
20.06.2022
Index:Yes/No
Speaking Order:Yes/No
ms
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Tr.C.M.P.No.312 of 2022
and C.M.P.No.6319 of 2022
To
1. The VI Additional Judge,
Family Court,
Chennai
2.The III Additional Judge,
Family Court,
Chennai.
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Tr.C.M.P.No.312 of 2022
and C.M.P.No.6319 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.312 of 2022
and
C.M.P.No.6319 of 2022
20.06.2022
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