Madras High Court
M.Jayapriya vs J.Sakthisankar on 24 June, 2022
Tr.C.M.P.No.258 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.258 of 2022 and
C.M.P.No.5102 of 2022
M.Jayapriya ... Petitioner
..Vs..
J.Sakthisankar ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.34 of 2022, pending on the file of the Family
Court, Dindigul and transfer the same V Additional Family Court,
Chennai and try along with H.M.O.P.No.2964 of 2021.
For Petitioners : M/s.K.M.Vijayan Associates
For Respondent : M/s.B.Girija
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.34 of 2022, pending on the file of the Family Court,
Dindigul and transfer the same V Additional Family Court, Chennai to be
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.258 of 2022
tried along with H.M.O.P.No.2964 of 2021.
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
25.06.2009 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.34 of 2022, on the file of the Family Court, Dindigul,
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.34 of
2022 pending on the file of Family Court, Dindigul and transfer the same
to the V Additional Family Court, Chennai to be tried along with
H.M.O.P.No.2964 of 2021, which is filed by the petitioner / wife.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.258 of 2022
4. The petitioner has stated that she is staying with her 10 years old
girl child and it is very difficult for the petitioner to travel from Chennai
to Dindigul, for attending the Court proceedings at Dindigul.
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.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.258 of 2022
6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in H.M.O.P.No.34 of 2022 filed by the Respondent is
ordered to be withdrawn from the file of Family Court, Dindigul and
transferred to the file of the V Additional Family Court, Chennai to be
tried along with H.M.O.P.No.2964 of 2021, which is filed by the
petitioner/wife. The learned Judge, Family Court, Dindigul, is directed to
transmit all the records pertaining to H.M.O.P.No.34 of 2022 to the file
of the V Additional 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
To
1.The Judge, Family Court, Dindigul.
2.The Judge, V Additional Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.258 of 2022
R.N.MANJULA,J.
vkr
Tr.C.M.P. No.258 of 2022 and
C.M.P.No.5102 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
