Madras High Court
K.Priya vs V.Premkumar on 20 June, 2022
Tr.C.M.P.No.219 of 2022
and C.M.P.No.4491 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.219 of 2022
and
C.M.P.No.4491 of 2022
K.Priya ... Petitioner
Vs.
V.Premkumar ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
H.M.O.P.No.67 of 2021 from the file of the Family Court, Nagapattinam
and transfer the same to be tried before the Subordinate Judge, Tambaram.
For Petitioner : Mr.S.Sankara Pandian
For Respondent : No appearance
ORDER
This petition has been preferred to withdraw H.M.O.P.No.67 of 2021
pending on the file of the Family Court, Nagapattinam and transfer the
same to the file of the Subordinate Court, Tambaram.
2.Heard the learned counsel for the petitioner and perused the
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and C.M.P.No.4491 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
25.05.2018 as per Hindu rites and customs. Since, the relationship between
the couples went bitter, the Respondent/Husband filed H.M.O.P.No.67 of
2021 on the file of the Family Court, Nagapattinam 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.67 of 2021 pending on the file
of the Family Court, Nagapattinam and transfer the same to the file of the
Subordinate Court, Tambaram.
4. The petitioner has stated that she is staying with her aged parents
along with her two year old child and it is very difficult for her to travel
from Tambaram to Nagapattinam for attending the Court proceedings at
Nagapattinam.
5. It is needless to state that in matrimonial proceedings, preference
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Tr.C.M.P.No.219 of 2022
and C.M.P.No.4491 of 2022
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.67 of 2021 filed by the Respondent is ordered
to be withdrawn from the file of the Family Court, Nagapattinam and
transferred to the file of the Subordinate Court, Tambaram. The learned
Judge, Family Court, Nagapattinam is directed to transmit all the records
pertaining to H.M.O.P.No.67 of 2021 to the file of the Subordinate Court,
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and C.M.P.No.4491 of 2022
Tambaram, 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,
Nagapattinam.
2.The Subordinate Judge,
Subordinate Court,
Tambaram.
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Tr.C.M.P.No.219 of 2022
and C.M.P.No.4491 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.219 of 2022
and
C.M.P.No.4491 of 2022
20.06.2022
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