M.Dhivya vs S.Radhakrishnan
2022 Latest Caselaw 10856 Mad

                                                                               Tr.C.M.P.No.285 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 22.06.2022

                                                          CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                  Tr.C.M.P. No.285 of 2022
                                                 and C.M.P.No.5761 of 2022

                     M.Dhivya                                                          ... Petitioner
                                                               ..Vs..

                     S.Radhakrishnan                                                 ... Respondent

                     Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw

                     H.M.O.P.No.20 of 2022 pending on the file of the Principal Sub Court,

                     Bhavani and transfer the same to the Family Court, Tiruppur.

                                        For Petitioner       : Mr.R.Ramesh

                                        For Respondent       : Mr.V.Balamurugan

                                                         ORDER

This petition is filed to withdraw H.M.O.P.No.20 of 2022 pending

on the file of the Principal Sub Court, Bhavani and transfer the same to

the Family Court, Tiruppur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.285 of 2022

2.Heard the learned counsel for the petitioner as well as the

learned counsel for the respondent and 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

01.12.2019 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.20 of 2022 on the file of the Principal Sub Court, Bhavani,

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.20 of

2022 on the file of the Principal Sub Court, Bhavani and transfer the

same to the file of the learned Judge, Family Court, Tiruppur.

4. The petitioner has stated that she is staying with her aged

parents and it is very difficult for her to travel from Tiruppur to Bhavani

for attending the Court proceedings at Bhavani.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.285 of 2022

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 in 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.20 of 2022 filed by the Respondent is

ordered to be withdrawn from the file of Principal Sub Court, Bhavani

and transferred to the file of the Family Court, Tiruppur. The learned

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.285 of 2022

Judge, Principal Sub Court, Bhavani, is directed to transmit all the

records pertaining to H.M.O.P.No.20 of 2022 to the file of the Family

Court, Tiruppur, 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.

22.06.2022 vkr Index:Yes/No Speaking Order:Yes/No

To

1.The Judge, Principal Sub Court, Bhavani.

2.The Judge, Family Court, Tiruppur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.285 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.285 of 2022 and C.M.P.No.5761 of 2022

22.06.2022

https://www.mhc.tn.gov.in/judis