Madras High Court
Sangeetha vs Bhoopathy on 21 June, 2022
Tr.C.M.P.No.223 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2022
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tr.C.M.P.No.223 of 2022
and
C.M.P.No.4548 of 2022
Sangeetha ... Petitioner
Vs.
Bhoopathy ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
the case in F.C.O.P.No.35 of 2022 on the file of Family Court, Vellore, and
transfer the same to Family Court, Thiruvannamalai.
For Petitioner : Mr.S.Silambu Selvan
For Respondent : Mr.B.Sundarapandiyan
ORDER
This petition has been preferred to withdraw F.C.O.P.No.35 of 2022
pending on the file of the Family Court, Vellore and transfer the same to the
file of the Family Court, Thiruvannamalai.
2. Heard the learned counsel for the petitioner and the learned counsel
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Tr.C.M.P.No.223 of 2022
respondent and also perused the materials available on record.
3. The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
27.11.2020 as per Hindu Rights and Customs. Since the relationship
between the couple went bitter, the Respondent/Husband filed
F.C.O.P.No.35 of 2022 before the learned Judge, Family Court, Vellore
against the petitioner for Restitution of Conjugal Rights. Now, the petitioner
herein who is the wife has preferred the present petition to withdraw
F.C.O.P.No.35 of 2022 pending on the file of the Family Court, Vellore and
transfer the same to the file of Family Court, Thiruvannamalai.
4. The petitioner has stated that she is staying with her aged parents
and it is very difficult for her to travel from Vellore to Thiruvannamalai for
attending the Court proceedings at Vellore.
5. The learned counsel for the respondent submitted that the
respondent/husband is a physically challenged person and it is very
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Tr.C.M.P.No.223 of 2022
difficult for him to travel from Vellore to Tiruvannamalai, in case of
transferring the petition to Tiruvannamalai. In view of the said submission
made by the learned counsel for the respondent, it is ordered to produce the
disability certificate of the respondent before this Court. Accordingly, the
disability certificate of the respondent is produced.
6. On perusal of the disability certificate it is seen that the petitioner
has some weakness of grip over his left leg and rest of his locomotive
features are normal. In fact the respondent is working as a Commercial
Assistant in Tamil Nadu Electricity Board and he has also given a
concession certificate for travelling in rail at concessional rates. So the
above materials produced before us, will only show that the respondent is
not incapable of travelling from one place to another place. In fact he cannot
avoid travel for the purpose of his employment also.
7. 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
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Tr.C.M.P.No.223 of 2022
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.
8. Accordingly, the Transfer Civil Miscellaneous Petition is
allowed. The petition in F.C.O.P.No.35 of 2022 filed by the Respondent is
ordered to be withdrawn from the file of the Family Court, Vellore and
transferred to the file of learned Judge, Family Court, Tiruvannamalai. The
learned Judge, Family Court, Vellore is directed to transmit all the records
pertaining to F.C.O.P.No.35 of 2022 to the file of the learned Judge, Family
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Tr.C.M.P.No.223 of 2022
Court, Tiruvannamalai, 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.
21.06.2022
Index:Yes/No
Speaking Order:Yes/No
ms
To
1.The Judge,
Family Court,
Vellore.
2.The Judge,
Family Court,
Tiruvannamalai.
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Tr.C.M.P.No.223 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.223 of 2022
and
C.M.P.No.4548 of 2022
21.06.2022
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