Madras High Court
Dhivya @ Shanmuga Priya vs M.Sathish Kumar on 27 June, 2022
Tr.C.M.P.No.327 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.327 of 2022 and
C.M.P.No.6560 of 2022
Dhivya @ Shanmuga Priya ... Petitioner
..Vs..
M.Sathish Kumar ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.514 of 2021, pending on the file of the
Family Court, Salem and transfer the same Family Court, Chengalpet to
be tired along with F.C.M.C.No.38 of 2021.
For Petitioner : Mr.A.P.Sathya Murthy
For Respondent : Mr.S.Sathyaraj
ORDER
This petition is filed to withdraw the proceedings in
H.M.O.P.No.514 of 2021, pending on the file of the Family Court, Salem
and transfer the same Family Court, Chengalpet to be tired along with
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.327 of 2022
F.C.M.C.No.38 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
01.09.2019 as per Hindu Rites and Customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.514 of 2021, on the file of the Family Court, Salem, 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.514 of 2021
pending on the file of Family Court, Salem and transfer the same to the
Family Court, Chengalpet to be tired along with F.C.M.C.No.38 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 the petitioner to travel from Chengalpet
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Tr.C.M.P.No.327 of 2022
to Salem, for attending the Court proceedings at Salem.
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.514 of 2021 filed by the Respondent is
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Tr.C.M.P.No.327 of 2022
ordered to be withdrawn from the file of Family Court, Salem and
transferred to the file of the Family Court, Chengalpet to be tried along
with F.C.M.C.No.38 of 2021, which is filed by the petitioner/wife. The
learned Judge, Family Court, Salem is directed to transmit all the records
pertaining to H.M.O.P.No.514 of 2021 to the file of the Family Court,
Chengalpet, 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.
27.06.2022
Index:Yes/No
Speaking Order:Yes/No
vkr
To
1.The Judge, Family Court, Salem.
2.The Judge, Family Court, Chengalpet.
R.N.MANJULA,J.
vkr
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.327 of 2022
Tr.C.M.P. No.327 of 2022 and
C.M.P.No.6560 of 2022
27.06.2022
https://www.mhc.tn.gov.in/judis
