Madras High Court
Padmavathy @ S.Shrimathi vs C.Pragadeesh on 28 June, 2022
Tr.C.M.P.No.385 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.385 of 2022
and C.M.P.No.7438 of 2022
Padmavathy @ S.Shrimathi ... Petitioner
Vs
C.Pragadeesh ... Respondent
(Cause title accepted vide Court dated 13.04.2022
made in C.M.P. of 2022 in Tr.C.M.P.No.385/2022)
Prayer:- Petition is filed under Section 24 of C.P.C., pleased to order withdrawal
of H.M.O.P.No.1986 of 2021 from the file of the Additional Principal Family
Court at Coimbatore and transfer the same to the Principal Subordinate Court,
Virudhachalam.
For Petitioner : Mr.G.Anabayachozhan
For Respondent : No Appearance
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Tr.C.M.P.No.385 of 2022
ORDER
This Petition has been filed to withdraw H.M.O.P.No.1986 of 2021 pending
on the file of the Additional Principal Family Court, Coimbatore and transfer it to
the Principal Subordinate Court, Virudhachalam.
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 14.06.2019 as per
Hindu Rites and Customs. Since, the relationship between the couples went bitter,
the Respondent/Husband filed H.M.O.P.No.1986 of 2021, on the file of the
Additional Principal Family Court, Coimbatore, 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.1986 of 2021 pending on the file of the
Additional Principal Family Court, Coimbatore and transfer the same to the file of
the Principal Subordinate Court, Virudhachalam.
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Tr.C.M.P.No.385 of 2022
4. The petitioner has stated that now she is residing with her parents and it
is very difficult for her to travel from Virudhachalam to Coimbatore, for attending
the Court proceedings at Coimbatore.
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.385 of 2022
R.N.MANJULA, J.
rgi
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in H.M.O.P.No.1986 of 2021 filed by the Respondent is ordered to be
withdrawn from the file of Additional Principal Family Court, Coimbatore and
transferred to the file of Principal Subordinate Court, Virudhachalam. The learned
Judge, Additional Principal Family Court, Coimbatore is directed to transmit all the
records pertaining to H.M.O.P.No.1986 of 2021 to the file of the Principal
Subordinate Court, Virudhachalam, 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, Additional Principal Family Court, Coimbatore.
2.The Judge, Principal Subordinate Court, Virudhachalam.
Tr.C.M.P.No.385 of 2022
and C.M.P.No.7438 of 2022
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https://www.mhc.tn.gov.in/judis
