Madras High Court
A.Alavudeen vs A.Jemila on 24 June, 2022
Tr.C.M.P.No.284 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.284 of 2022 and
C.M.P.No.5760 of 2022
A.Alavudeen ... Petitioner
..Vs..
1.A.Jemila
2.A.Nibisha
3.A.Nilabernisha ... Respondents
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
M.C.No.7 of 2021 pending on the file of the District Family Court,
Tiruppur and transfer the same to the file of the Family Court, Namakkal.
For Petitioner : M/s.P.Arularasi
For Respondent : Mr.M.Marimuthu
ORDER
This petition is filed to withdraw the proceedings in M.C.No.7 of
2021 pending on the file of the District Family Court, Tiruppur and
transfer the same to the file of the Family Court, Namakkal.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.284 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
17.04.2019 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.08 of 2022, on the file of the Subordinate Court,
Chidambaram, Cuddalore District, 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.08 of 2022 pending on the file of
Subordinate Court, Chidambaram, Cuddalore District and transfer the
same to the Principal Subordinate Court, Vriddhachalam, Cuddalore
District.
4. The petitioner has stated that she is staying with her 2 ½ years
girl child and her aged parents; it is very difficult for the petitioner to
travel from Vriddhachalam to Chidambaram, for attending the Court
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.284 of 2022
proceedings at Chidambaram.
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.08 of 2022 filed by the Respondent is
ordered to be withdrawn from the file of Subordinate Court,
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.284 of 2022
Chidambaram, Cuddalore District and transferred to the file of the
Principal Subordinate Court, Vriddhachalam, Cuddalore District. The
learned Judge, Subordinate Court, Chidambaram, Cuddalore District, is
directed to transmit all the records pertaining to H.M.O.P.No.08 of 2022
to the file of the Principal Subordinate Court, Vriddhachalam, Cuddalore
District, 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 Subordinate Judge, Chidambaram, Cuddalore District.
2.The Principal Subordinate Judge, Vriddhachalam, Cuddalore District.
R.N.MANJULA,J.
vkr
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.284 of 2022
Tr.C.M.P. No.284 of 2022 and
C.M.P.No.5760 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
