Madras High Court
M.Nandhini vs V.Gokulraj on 24 June, 2022
Tr.C.M.P.No.415 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.415 of 2022 and
C.M.P.No.7657 of 2022
M.Nandhini ... Petitioner
..Vs..
V.Gokulraj ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.335 of 2021, pending on the file of the
Principal Sub Judge, Ponneri and transfer the same to the file of the II
Additional Judge, Family Court, Chennai for disposal along with
O.P.No.3631 of 2021.
For Petitioner : M/s.G.V.Shoba
For Respondent : No appearance
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.335 of 2021, pending on the file of the Principal Sub Judge,
Ponneri and transfer the same to the file of the II Additional Judge,
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Tr.C.M.P.No.415 of 2022
Family Court, Chennai, to be tried along with O.P.No.3631 of 2021.
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
24.03.2019 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.335 of 2021, on the file of the Principal Sub Court, Ponneri,
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.335
of 2021 pending on the file of the Principal Sub Court, Ponneri and
transfer the same to the file of the II Additional Judge, Family Court,
Chennai, to be tried along with O.P.No.3631 of 2021, which is filed by
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Tr.C.M.P.No.415 of 2022
the petitioner / wife.
4. The petitioner has stated that now she is residing with her aged
parents and it is very difficult for her to travel from Chennai to Ponneri,
for attending the Court proceedings at Ponneri.
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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.415 of 2022
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.335 of 2021 filed by the Respondent is
ordered to be withdrawn from the file of Principal Sub Court, Ponneri
and transferred to the file of the II Additional Judge, Family Court,
Chennai to be tried along with H.M.O.P.No.3631 of 2021, which is filed
by the petitioner/wife. The learned Judge, Principal Sub Court, Ponneri,
is directed to transmit all the records pertaining to H.M.O.P.No.355 of
2021 to the file of the II Additional Judge, 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
Index:Yes/No
Speaking Order:Yes/No
vkr
R.N.MANJULA,J.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.415 of 2022
vkr
To
1.The Principal Sub Judge, Ponneri.
2.The II Additional Judge, Family Court, Chennai.
Tr.C.M.P. No.415 of 2022 and
C.M.P.No.7657 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
