Madras High Court
S.Dhivya vs P.Selvamuthu Kumar on 24 June, 2022
Tr.C.M.P.No.446 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.446 of 2022
and C.M.P.No.8136 of 2022
S.Dhivya ... Petitioner
..Vs..
P.Selvamuthu Kumar ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
O.P.No.4041 of 2021 from the file of the V Additional Family Court,
Chennai and transfer the same to the Family Court, Madurai.
For Petitioner : Mr.S.Manogaran
For Respondent : No appearance
ORDER
This petition is filed to withdraw the O.P.No.4041 of 2021 from
the file of the V Additional Family Court, Chennai and transfer the same
to the Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.446 of 2022
2. Heard the learned counsel for the petitioner and perused the
materials available on record. Though the notice was served on the
respondent and his name printed in the cause list, there is no
representation on behalf of the respondent, today.
3. The petitioner is the wife and respondent is the husband.
The marriage between the petitioner and respondent was solemnized on
23.08.2018. Since, the relationship between the couples went bitter, the
Respondent/Husband filed H.M.O.P.No.4041 of 2021 pending on the file
of the V Additional Family Court, Chennai 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.4041 of 2021 on the file of the
V Additional Family Court, Chennai and transfer the same to the file of
the learned Judge, Family Court, Madurai.
4. The petitioner has stated that she is staying with her aged
parents and her 2 ½ year old child and it is very difficult for her to travel
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.446 of 2022
from Madurai to Chennai for attending the Court proceedings at Chennai.
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.4041 of 2021 filed by the
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Tr.C.M.P.No.446 of 2022
Respondent is ordered to be withdrawn from the file of V Additional
Family Court, Chennai and is transferred to the file of the Family Court,
Madurai. The learned Judge, V Additional Family Court, Chennai, is
directed to transmit all the records pertaining to H.M.O.P.No.4041 of
2021 to the file of the Family Court, Madurai, 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
jrs
Index:Yes/No
Speaking Order:Yes/No
To
1.The V Additional Family Court, Chennai.
2.The Family Court, Madurai.
3.The Section Officer,
V.R. Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.446 of 2022
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.446 of 2022
R.N.MANJULA,J.
jrs
Tr.C.M.P. No.446 of 2022
and C.M.P.No.8136 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
