Madras High Court
V.Kalaivani vs M.Baskar on 21 June, 2022
Tr.C.M.P.No.367 of 2022
and C.M.P.No.6956 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.367 of 2022
and
C.M.P.No.6956 of 2022
V.Kalaivani ... Petitioner
Vs.
M.Baskar ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw
HMOP.No.163 of 2021 from the file of the Principal Sub Court,
Tindivanam and transfer the same to the file of Sub Court, Valliyoor,
Tirunelveli District.
For Petitioner : Mr.G.Mageshkumar
For Respondent : Mr.G.Baskar
ORDER
This petition has been preferred to withdraw HMOP.No.163 of
2021 pending on the file of the Principal Sub Court, Tindivanam and
transfer the same to the file of the Sub Court, Valliyoor, Tirunelveli
District.
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and C.M.P.No.6956 of 2022
2. Heard the learned counsel for the petitioner and the learned
counsel for the 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
12.11.2010 as per Christian rites and customs. Since the relationship
between the couple went bitter, the Respondent/Husband filed
HMOP.No.163 of 2021 on the file of the Principal Sub Court,
Tindivanam against the petitioner seeking divorce. Now, the petitioner
herein who is the wife has preferred the present petition to withdraw
HMOP.No.163 of 2021 pending on the file of the Principal Sub Court,
Tindivanam and transfer the same to the file of Sub Court, Valliyoor,
Tirunelveli District.
4. The petitioner has stated that she is staying with her aged
parents and it is very difficult for her to travel from Tirunelveli to
Tindivanam for attending the Court proceedings at Tindivanam.
5. It is needless to state that in matrimonial proceedings,
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Tr.C.M.P.No.367 of 2022
and C.M.P.No.6956 of 2022
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 HMOP.No.163 of 2021 filed by the Respondent
is ordered to be withdrawn from the file of the Principal Sub Court,
Tindivanam and transferred to the file of the Sub Court, Valliyoor,
Tirunelveli District. The learned Judge, Principal Sub Court,
Tindivananam is directed to transmit all the records pertaining to
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Tr.C.M.P.No.367 of 2022
and C.M.P.No.6956 of 2022
HMOP.No.163 of 2021 to the file of the Sub Court, Valliyoor,
Tirunelveli District, 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,
Principal Sub Court,
Tindivanam.
2.The Judge,
Sub Court, Valliyoor,
Tirunelveli District.
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Tr.C.M.P.No.367 of 2022
and C.M.P.No.6956 of 2022
R.N.MANJULA, J.
ms
Tr.C.M.P.No.367 of 2022
and
C.M.P.No.6956 of 2022
21.06.2022
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