Madras High Court
V.Kavitha vs V.S.Boopalan on 28 June, 2022
Tr.C.M.P.No.348 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P.No.348 of 2022
and
C.M.P.No.6728 of 2022
V.Kavitha ... Petitioner
Vs
V.S.Boopalan ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., pleased to withdraw the
casein H.M.O.P.No.34 of 2020 pending before the Family Court, Krishnagiri and
the same may be transferred to the Family Judge, Dharmapuri.
For Petitioner : Mr.M.Jayachandran
For Respondent : No Appearance
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Tr.C.M.P.No.348 of 2022
ORDER
This Petition has been filed to withdraw H.M.O.P.No.34 of 2020 on the file
of the Family Court at Krishnagiri and transfer it to the Family Court at
Dharmapuri.
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 15.04.2013 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 2020, on the file of the Family
Court, Krishnagiri, 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 2020 pending on the file of the Family Court, Krishnagiri and
transfer the same to the file of the Family Court, Dharmapuri.
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Tr.C.M.P.No.348 of 2022
4. The petitioner has stated that now she is residing with her aged parents
along with her girl child and it is very difficult for her to travel from Dharmapuri to
Krishnagiri, for attending the Court proceedings at Krishnagiri.
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.
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Tr.C.M.P.No.348 of 2022
R.N.MANJULA, J.
rgi
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in H.M.O.P.No.34 of 2020 filed by the Respondent is ordered to be
withdrawn from the file of Family Court, Krishnagiri and transferred to the file of
Family Court, Dharmapuri. The learned Judge, Family Court, Krishnagiri, is
directed to transmit all the records pertaining to H.M.O.P.No.34 of 2020 to the file
of the Family Court, Dharmapuri, 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.
28.06.2022
rgi
Index : Yes
Internet : Yes
Speaking Order
To
1.The Judge, Family Court, Krishnagiri.
2.The Judge, Family Court, Dharmapuri.
Tr.C.M.P.No.348 of 2022
and C.M.P.No.6728 of 2022
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https://www.mhc.tn.gov.in/judis
