Madras High Court
Eswari vs Sakthivel on 24 June, 2022
Tr.C.M.P.No.236 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.236 of 2022 and
C.M.P.No.4768 of 2022
1.Eswari
2.Minor Pavin
3.Minor Harith ... Petitioners
..Vs..
Sakthivel ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.2043 of 2021, pending on the file of the Sub
Court, Alandur and transfer the same to any Competent Court, Tenkasi.
For Petitioners : Mr.A.Sivaji
For Respondent : No appearance
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.2043 of 2021, pending on the file of the Sub Court, Alandur
and transfer the same to any Competent Court, Tenkasi
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.236 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 first petitioner is the wife, the petitioners 2 and 3 are sons
and respondent is the husband. The marriage between the first petitioner
and respondent was solemnized on 27.11.2006 as per Hindu Rites and
Customs. Since, the relationship between the couples went bitter, the
Respondent/Husband filed H.M.O.P.No.2043 of 2021, on the file of the
Sub Court, Alandur, against the petitioner seeking divorce. Now, the first
petitioner herein who is the wife and petitioners 2 and 3 who are the sons
have preferred the present petition to withdraw H.M.O.P.No.2043 of
2021 pending on the file of Sub Court, Alandur and transfer the same to
any Competent Court at Tenkasi.
4. The first petitioner has stated that now she is residing at
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.236 of 2022
Thenkasi and the petitioners 2 and 3 are going to school at Thenkasi and
it is very difficult for the first petitioner to travel from Thenaksi to
Alandur, Chennai along with two minor sons, for attending the Court
proceedings at Alandur, Chennai.
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.236 of 2022
6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in H.M.O.P.No.2043 of 2021 filed by the Respondent is
ordered to be withdrawn from the file of Sub Court, Alandur and
transferred to the file of the Family Court, Thenkasi. The learned Judge,
Sub Court, Alandur, is directed to transmit all the records pertaining to
H.M.O.P.No.2043 of 2022 to the file of the Family Court, Thenkasi,
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, Sub Court, Alandur.
2.The Judge, Family Court, Thenkasi.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.236 of 2022
R.N.MANJULA,J.
vkr
Tr.C.M.P. No.236 of 2022 and
C.M.P.No.4768 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
