P.Arokia Ahino Jessie vs Dr.S.Prasath Xavier
2022 Latest Caselaw 11054 Mad

                                                                               Tr.C.M.P.No.376 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 24.06.2022

                                                          CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                  Tr.C.M.P. No.376 of 2022
                                                 and C.M.P.No.7246 of 2022
                     P.Arokia Ahino Jessie                                             ... Petitioner
                                                               ..Vs..

                     Dr.S.Prasath Xavier                                             ... Respondent

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

                     I.D.O.P.No.33 of 2022 pending on the file of the Principal District Judge,

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

                                        For Petitioner       : Mr.R.Nalliyappan

                                        For Respondent       : Mr.T.Senthilkumar
                                                               for M.Sivavarthanan

                                                         ORDER

This petition is filed to withdraw I.D.O.P.No.33 of 2022 pending

on the file of the Principal District Judge, Thiruppur and transfer the

same to the Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.376 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

20.05.2009. Since, the relationship between the couples went bitter, the

Respondent/Husband filed I.D.O.P.No.33 of 2022 pending on the file of

the learned Principal District Judge, Thiruppur against the petitioner

seeking divorce. Now, the petitioner herein who is the wife has preferred

the present petition to withdraw I.D.O.P.No.33 of 2022 on the file of the

learned Principal District Judge, Thiruppur and transfer the same to the

file of the learned Judge, Family Court, Chennai.

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

parents and two children and it is very difficult for her to travel from

Chennai to Thiruppur for attending the Court proceedings at Thiruppur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.376 of 2022

5.The learned counsel for the respondent submitted that the

respondent is a surgeon and he is unable to attend the Court proceeding

and hence, liberty may be given to file a petition to make his appearance

through his counsel.

6. 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.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.376 of 2022

7.Since the respondent is a surgeon and he is unable to attend the

Court in person, he is at liberty to file a petition to appear through his

counsel before the trial Court. At the time of petition being filed, the

learned trial Judge is directed to consider the same and pass orders.

8.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.

The petition in I.D.O.P.No.33 of 2022 filed by the Respondent is ordered

to be withdrawn from the file of Principal District Court, Thiruppur and

transferred to the file of the Family Court, Chennai. The learned Principal

District Judge, Thiruppur, is directed to transmit all the records

pertaining to I.D.O.P.No.33 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.

24.06.2022 vkr Index:Yes/No Speaking Order:Yes/No

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.376 of 2022

To

1.The Principal District Judge, Thiruppur.

2.The Judge, Family Court, Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.376 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.376 of 2022 and C.M.P.No.7246 of 2022

24.06.2022

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