Nivetha vs N.Mohanasundaram
2022 Latest Caselaw 10866 Mad

                                                                                  Tr.C.M.P.No.371 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.371 of 2022
                                                and C.M.P.No.7070 of 2022

                     Nivetha                                                               ... Petitioner
                                                                ..Vs..

                     N.Mohanasundaram                                                   ... Respondent

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

                     H.M.O.P.No.3 of 2022 pending on the file of the Family Court, Dindigul

                     and transfer the same to the Principal Family Court, Chennai.

                                       For Petitioner          : Mr.Mutharaiyan

                                       For Respondent          : Mr.R.Venkatesh

                                                            ORDER

This petition is filed to withdraw H.M.O.P.No.3 of 2022 pending

on the file of the Family Court, Dindigul and transfer the same to the

Principal Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.371 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

09.12.2018 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.3 of 2022 on the file of the Family Court, Dindigul, 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.3 of 2022 on

the file of the Family Court, Dindigul and transfer the same to the file of

the learned Judge, Principal Family Court, Chennai.

4. The petitioner has stated that she is staying with 3 year old

minor son and aged parents and it is very difficult for her to travel from

Chennai to Dindigul for attending the Court proceedings at Dindigul.

5. It is needless to state that in matrimonial proceedings,

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.371 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 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.3 of 2022 filed by the Respondent is ordered

to be withdrawn from the file of Family Court, Dindigul and transferred

to the file of the Family Court, Chennai. The learned Judge, Family Court,

Dindigul, is directed to transmit all the records pertaining to

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.371 of 2022

H.M.O.P.No.3 of 2022 to the file of the Family Court, Chennai, 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, Family Court, Dindigul.

2.The Judge, Family Court, Chennai.

R.N.MANJULA,J.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.371 of 2022

vkr

Tr.C.M.P. No.371 of 2022 and C.M.P.No.7070 of 2022

22.06.2022

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