Madras High Court
V.Uma @ Uma Maheshwari vs P.Sharmith Kumar on 20 June, 2022
Tr.C.M.P.No.483 of 2022
and C.M.P.No.8827 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.483 of 2022
and
C.M.P.No.8827 of 2022
V.Uma @ Uma Maheshwari ... Petitioner
Vs.
P.Sharmith Kumar ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
O.P.No.83 of 2022 pending on the file of Family Court, Chengalpattu and
transfer the same to the file of the Family Court, Chennai.
For Petitioner : Ms.A.Nancy Pushpalatha
For Respondent : No appearance
ORDER
This petition has been preferred to withdraw O.P.No.83 of 2022
pending on the file of the Family Court, Chengalpattu and transfer the same
to the file of the Family Court, Chennai.
2. Heard the learned counsel for the petitioner and perused the
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Tr.C.M.P.No.483 of 2022
and C.M.P.No.8827 of 2022
materials available on record. Though notice was served on the respondent
and his name is printed in the cause list, 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
11.11.2021 as per Hindu rites and customs. Since the relationship between
the couple went bitter, the Respondent/Husband filed O.P.No.83 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 O.P.No.83 of 2022 pending on the file of the
Family Court, Chengalpattu and transfer the same to the file of the Family
Court, Chennai.
4. The petitioner has stated that she has filed M.C.No.211 of 2022 on
the file of the IV Additional Family Court, Chennai against the
respondent/husband seeking maintenance and also preferred domestic
violence complaint against the respondent/husband and the same are
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Tr.C.M.P.No.483 of 2022
and C.M.P.No.8827 of 2022
pending. The petitioner further stated that she is staying with her parents
and she has no independent source of income. Further she is unable to
appear before the Family Court, Chengalpattu due to the threat given by the
respondent/husband.
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
of the above reasons, I feel that the prayer of the petitioner should be
considered favourably.
6.Accordingly, the Transfer Civil Miscellaneous Petition is
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Tr.C.M.P.No.483 of 2022
and C.M.P.No.8827 of 2022
allowed. The petition in O.P.No.83 of 2022 filed by the Respondent is
ordered to be withdrawn from the file of the Family Court, Chengalpattu
and transferred to the file of the Family Court, Chennai. The learned Judge,
Family Court, Chengalpattu is directed to transmit all the records pertaining
to O.P.No.83 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.
20.06.2022
Index:Yes/No
Speaking Order:Yes/No
ms
To
1. The Judge,
Family Court,
Chengalpattu.
2. The Judge,
Family Court,
Chennai.
R.N.MANJULA, J.
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Tr.C.M.P.No.483 of 2022
and C.M.P.No.8827 of 2022
ms
Tr.C.M.P.No.483 of 2022
and
C.M.P.No.8827 of 2022
20.06.2022
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