C.Priya @ Priyanka vs G.Gopalakrishnan
2022 Latest Caselaw 10951 Mad

                                                                               Tr.C.M.P.No.450 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 23.06.2022

                                                          CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                  Tr.C.M.P. No.450 of 2022
                                                 and C.M.P.No.8189 of 2022
                     C.Priya @ Priyanka                                                ... Petitioner
                                                               ..Vs..

                     G.Gopalakrishnan                                                ... Respondent

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

                     H.M.O.P.No.93 of 2021 pending on the file of the Family Court,

                     Sivagangai and transfer the same to the file of the III Additional Family

                     Court, Chennai.

                                        For Petitioner       : Mr.R.Surya Prakash

                                        For Respondent       : No appearance

                                                         ORDER

This petition is filed to withdraw H.M.O.P.No.93 of 2021 pending

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

file of the III Additional Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.450 of 2022

2.Heard the learned counsel for the petitioner and perused the

materials available on record. The respondent, though served, has not

entered appearance either in person or through counsel.

3.The petitioner is the wife and respondent is the husband. The

marriage between the petitioner and respondent was solemnized on

19.06.2013 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.93 of 2021 on the file of the Family Court, Sivagangai,

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.93 of

2021 on the file of the Family Court, Sivagangai and transfer the same to

the file of the learned III Additional Judge, Family Court, Chennai.

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

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

Sivagangai for attending the Court proceedings at Sivagangai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.450 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.93 of 2021 filed by the Respondent is

ordered to be withdrawn from the file of Family Court, Sivagangai and

transferred to the file of the III Additiional Family Court, Chennai. The

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.450 of 2022

learned Judge, Family Court, Sivagangai, is directed to transmit all the

records pertaining to H.M.O.P.No.93 of 2021 to the file of the III

Additional 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.

23.06.2022 vkr Index:Yes/No Speaking Order:Yes/No

To

1.The Judge, Family Court, Sivagangai.

2.The Judge, III Additional Family Court, Chenani.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.450 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.450 of 2022 and C.M.P.No.8189 of 2022

23.06.2022

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