Madras High Court
S.Vaishali vs G.Satheeshkumar on 21 June, 2022
Tr.C.M.P.No.448 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.448 of 2022
and
C.M.P.No.8160 of 2022
S.Vaishali ... Petitioner
Vs.
G.Satheeshkumar ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
HMOP No.2 of 2021 pending on the file of the Sub Court, Thirumangalam
and transfer the same to be tried along with H.M.O.P.No.15 of 2022 on the
file of Sub Court, Udumalpet.
For Petitioner : Mr.J.Pothiraj
For Respondent : No Appearance
ORDER
This petition has been preferred to withdraw H.M.O.P.No.2 of 2021
pending on the file of the Sub Court, Thirumangalam and transfer the same
to the file of the Sub Court, Udumalpet to be tried along with
H.M.O.P.No.15 of 2022, which is filed by the petitioner / wife.
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Tr.C.M.P.No.448 of 2022
2. Heard the learned counsel for the petitioner and perused the
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
23.11.2015 as per Hindu rites and rituals. Since the relationship between the
couple went bitter, the Respondent/Husband filed H.M.O.P.No.2 of 2021 on
the file of the Sub Court, Thirumangalam, 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.2 of 2021 pending on the file of
the Sub Court, Thirumangalam and transfer the same to the file of the Sub
Court, Udumalpet to be tried along with H.M.O.P.No.15 of 2022, which is
filed by the petitioner / wife.
4. The petitioner has stated that she is staying with her aged parents
along with her minor child and it is very difficult for her to travel along with
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Tr.C.M.P.No.448 of 2022
her minor child from Udumalpet to Thirumangalam for attending the Court
proceedings at Thirumangalam.
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 allowed.
The petition in H.M.O.P.No.2 of 2021 filed by the respondent/husband is
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Tr.C.M.P.No.448 of 2022
ordered to be withdrawn from the file of the Sub Court, Thirumangalam and
transferred to the file of the Sub Court, Udumalpet to be tried along with
H.M.O.P.No.15 of 2022, which is filed by the petitioner / wife. The learned
Judge, Sub Court, Thirumangalam is directed to transmit all the records
pertaining to H.M.O.P.No.2 of 2021 to the file of the Sub Court, Udumalpet,
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,
Sub Court,
Thirumangalam.
2.The Judge,
Sub Court,
Udumalpet.
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Tr.C.M.P.No.448 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.448 of 2022
and
C.M.P.No.8160 of 2022
21.06.2022
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