Madras High Court
V.Sharmila Devi vs P.Rajmohan on 24 June, 2022
Tr.C.M.P.No.421 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.421 of 2022 and
C.M.P.No.7871 of 2022
V.Sharmila Devi ... Petitioner
..Vs..
P.Rajmohan ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in M.O.P.No.494 of 2021, pending on the file of the Family
Court, Puducherry and transfer the same to the Subordinate Court,
Chidambaram, for joint trial along with H.M.O.P.No.25 of 2022.
For Petitioner : Mr.A.Muthukumar
For Respondent : No appearance
ORDER
This petition is filed to withdraw the proceedings in M.O.P.No.494
of 2021, pending on the file of the Family Court, Puducherry and transfer
the same to the Subordinate Court, Chidambaram, to be tried along with
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Tr.C.M.P.No.421 of 2022
H.M.O.P.No.25 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.
3.The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
09.04.2014 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.494 of 2021, on the file of the Family Court, Puducherry,
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.494
of 2021 pending on the file of Family Court, Puducherry and transfer the
same to the Subordinate Court, Chidambaram to be tried along with
H.M.O.P.No.25 of 2022, which is filed by the petitioner/wife.
4. The petitioner has stated that she is staying with her father and it
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Tr.C.M.P.No.421 of 2022
is very difficult for the petitioner to travel from Chidambaram to
Puducherry, for attending the Court proceedings at Puducherry.
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.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.421 of 2022
The petition in H.M.O.P.No.494 of 2021 filed by the Respondent is
ordered to be withdrawn from the file of Family Court, Puducherry and
transferred to the file of the Subordinate Court, Chidambaram to be tried
along with H.M.O.P.No.25 of 2022, which is filed by the petitioner/wife.
The learned Judge, Family Court, Puducherry, is directed to transmit all
the records pertaining to H.M.O.P.No.494 of 2021 to the file of the
Subordinate Court, Chidambaram, 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, Puducherry.
2.The Judge, Subordinate Court, Chidambaram.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.421 of 2022
R.N.MANJULA,J.
vkr
Tr.C.M.P. No.421 of 2022 and
C.M.P.No.7871 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
