Madras High Court
K.Vasanthakumar vs T.Sathiyavathi on 21 June, 2022
Tr.C.M.P.No.306 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.306 of 2022
and C.M.P.No.6223 of 2022
K.Vasanthakumar ... Petitioner
Vs.
T.Sathiyavathi ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
and transfer the H.M.O.P.No.145 of 2021, pending on the file of the
Subordinate Court, Harur to the Family Court, Salem and tried along with
the H.M.O.P.No.159 of 2021 on the file of the Family Court, Salem.
For Petitioner : Mr.S.Sivakumar
For Respondent : Mr.M.D.Thirunavukarasu
ORDER
This petition has been preferred to withdraw H.M.O.P.No.145 of
2021 pending on the file of the Subordinate Court, Harur and transfer the
same to the file of the Family Court, Salem to be tried along with
H.M.O.P.No.159 of 2021.
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Tr.C.M.P.No.306 of 2022
2. Heard the learned counsel for the petitioner and the learned counsel
respondent and also perused the materials available on record.
3. The petitioner is the husband and respondent in H.M.O.P.No.145
of 2021. The said petition was filed by the respondent/wife before the
learned Sub Judge, Harur for Restitution of Conjugal Rights. The
petitioner/husband has also filed a divorce petition in H.M.O.P.No.159 of
2021 before the learned Judge, Family Court, Salem for dissolution of
marriage. Now, the petitioner/husband has preferred the present petition to
withdraw H.M.O.P.No.145 of 2021 pending on the file of the Subordinate
Court, Harur and transfer the same to the file of Family Court, Salem to be
tried along with H.M.O.P.No.159 of 2021.
4. The learned counsel for the petitioner submitted that the petitioner
is working as a Assistant Manager in the Indian Bank, Thanjavur and he is
having permanent address at Salem and that it is ery difficult for him to
travel from Salem to Harur for attending the Court proceedings at Harur.
5. It is needless to state that in matrimonial proceedings, preference
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Tr.C.M.P.No.306 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 ]. 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, the prayer sought for by the petitioner/husband to
transfer the case in H.M.O.P.No.145 of 2021 from the file of the Sub Court,
Harur to the file of the Family Court, Salem should not be considered
favourably.
6. In case the petitioner/husband finds it difficult to attend all the
hearings before the Sub Court, Harur, he can make his appearance during
those hearings through his counsel by getting leave from the Court. In view
of the above stated reasons, the prayer sought by the petitioner cannot be
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Tr.C.M.P.No.306 of 2022
granted.
7. Accordingly, this Transfer Civil Miscellaneous Petition is
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
21.06.2022
Index:Yes/No
Speaking Order:Yes/No
ms
To
1.The Judge,
Sub Court,
Harur.
2.The Judge,
Family Court,
Salem.
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Tr.C.M.P.No.306 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.306 of 2022
and
C.M.P.No.6223 of 2022
21.06.2022
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