Madras High Court
Ajantha vs Vigneshwaran on 24 June, 2022
Tr.C.M.P.No.260 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.260 of 2022
and C.M.P.No.5158 of 2022
Ajantha ... Petitioner
Vs
Vigneshwaran ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., pleased to withdraw and
transfer the petition for divorce in H.M.O.P.No.27 of 2022, pending on the file of
the Principal Sub-Court at Srivilliputtur and transfer the same to the Family Court,
Namakkal.
For Petitioner : Mr.S.Senthil
For Respondent : Mr.R.Veeramani
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Tr.C.M.P.No.260 of 2022
ORDER
This Petition has been filed to withdraw H.M.O.P.No.27 of 2022 pending
on the file of the Principal Sub-Court, Srivilliputtur and transfer the same to the file
of the Family Court, Namakkal.
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 12.06.2013 as per
Hindu rites and rituals. Since, the relationship between the couples went bitter, the
Respondent/Husband filed H.M.O.P.No.27 of 2022 on the file of the Principal
Sub-Court, Srivilliputtur, 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.27 of 2022 on the file of the Principal Sub-Court, Srivilliputtur and
transfer the same to the file of the learned Judge, Family Court, Namakkal.
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Tr.C.M.P.No.260 of 2022
4. The petitioner has stated that now she is residing along with her school
going daughter at Namakkal and it is very difficult for her to travel from Namakkal
to Srivilliputhur for attending the Court proceedings at Srivilliputhur.
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.
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Tr.C.M.P.No.260 of 2022
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in H.M.O.P.No.27 of 2022 filed by the Respondent is ordered to be
withdrawn from the file of Principal Sub-Court, Srivilliputtur and transferred to the
file of Family Court, Namakkal. The learned Judge, Principal Sub-Court,
Srivilliputtur is directed to transmit all the records pertaining to H.M.O.P.No.27 of
2022 to the file of the Family Court, Namakkal, 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
Internet : Yes
Speaking Order
To
1.The Judge, Principal Sub-Court, Srivilliputtur.
2.The Judge, Family Court, Namakkal.
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Tr.C.M.P.No.260 of 2022
R.N.MANJULA, J.
vkr
Tr.C.M.P.No.260 of 2022
and C.M.P.No.5158 of 2022
24.06.2022
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