Ilakiya vs S.Sugan
2022 Latest Caselaw 11071 Mad

                                                                                        Tr.C.M.P.No.411 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.411 of 2022 and
                                                       C.M.P.No.7645 of 2022
                     Ilakiya                                                                  ... Petitioner
                                                                         ..Vs..

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

                     proceedings in H.M.O.P.No.130 of 2021, pending on the file of the

                     Family Court at Thanjavur and transfer the same to the Principal

                     Subordinate Court, Hosur for joint trial with the case in H.M.O.P.No.180

                     of 2021 pending on the file of the Principal Subordinate Judge, Hosur.

                                         For Petitioner             : Mr.M.Jayachandran

                                         For Respondent             : No appearance

                                                                ORDER

This petition is filed to withdraw the proceedings in

H.M.O.P.No.130 of 2021, pending on the file of the Family Court at

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.411 of 2022

Thanjavur and transfer the same to the Principal Subordinate Court,

Hosur to be tried along with H.M.O.P.No.180 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

04.09.2020 as per Hindu Rites and Customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.O.P.No.130 of 2021, on the file of the Family Court, Thanjavur,

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.130

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

same to the file of the learned Judge, Principal Subordinate Court, Hosur

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.411 of 2022

to be tried along with H.M.O.P.No.180 of 2021, which is filed by the

petitioner / wife.

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

parents and it is very difficult for her to travel from Hosur to Thanjavur,

for attending the Court proceedings at Thanjavur.

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

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.411 of 2022

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.130 of 2021 filed by the Respondent is

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

transferred to the file of the Principal Subordinate Court, Hosur to be

tried along with H.M.O.P.No.180 of 2021, which is filed by the

petitioner/wife. The learned Judge, Family Court, Thanjavur, is directed to

transmit all the records pertaining to H.M.O.P.No.130 of 2021 to the file

of the Principal Subordinate Court, Hosur, 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

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.411 of 2022

To

1.The Judge, Family Court, Thanjavur.

2.The Judge, Principal Subordinate Court, Hosur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.411 of 2022

R.N.MANJULA,J.

vkr

Tr.C.M.P. No.411 of 2022 and C.M.P.No.7645 of 2022

24.06.2022

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