Uma vs Ramesh
2022 Latest Caselaw 11061 Mad

                                                                                        Tr.C.M.P.No.292 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.292 of 2022 and
                                                       C.M.P.No.5857 of 2022
                     Uma                                                                        ... Petitioner
                                                                     ..Vs..

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

                     proceedings in H.M.O.P.No.325 of 2021, pending on the file of the

                     Family Court, Cuddalore and transfer the same to the Family Court,

                     Ariyalur.

                                         For Petitioner             : Mr.M.Guruprasad

                                         For Respondent              : Mr.D.Prathap

                                                               ORDER

This petition is filed to withdraw the proceedings in

H.M.O.P.No.325 of 2021, pending on the file of the Family Court,

Cuddalore and transfer the same to the Family Court, Ariyalur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.292 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

06.11.2020 as per Hindu Rites and Customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.325 of 2021, on the file of the Family Court, Cuddalore,

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.325

of 2021 pending on the file of Family Court, Cuddalore and transfer the

same to the Family Court, Ariyalur.

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

parents and it is very difficult for the petitioner to travel from Ariyalur to

Cuddalore, for attending the Court proceedings at Cuddalore.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.292 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.325 of 2021 filed by the Respondent is

ordered to be withdrawn from the file of Family Court, Cuddalore and

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.292 of 2022

transferred to the file of the Family Court, Ariyalur. The learned Judge,

Family Court, Cuddalore, is directed to transmit all the records pertaining

to H.M.O.P.No.325 of 2021 to the file of the Family Court, Ariyalur,

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

To

1.The Judge, Family Court, Cuddalore.

2.The Judge, Family Court, Ariyalur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.292 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.292 of 2022 and C.M.P.No.5857 of 2022

24.06.2022

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