Adhilakshmi vs M.Surendarvarma
2022 Latest Caselaw 11324 Mad

                                                                                  Tr.C.M.P.No.382 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.382 of 2022
                                                         and
                                                 C.M.P.No.7352 of 2022


                Adhilakshmi                                                      ... Petitioner

                                                             Vs

                M.Surendarvarma                                                  ... Respondent

                Prayer:- Petition is filed under Section 24 of C.P.C., pleased to withdraw

                H.M.O.P.No.01 of 2020 on the file of the Subordinate Court at Thanjavur and

                transfer to the Subordinate Judge at Thiruvarur.

                                       For Petitioner    :    Mr.D.Padmanabhan
                                       For Respondent    :    No Appearance




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https://www.mhc.tn.gov.in/judis
                                                                                    Tr.C.M.P.No.382 of 2022

                                                      ORDER

This Petition has been filed to withdraw H.M.O.P.No.01 of 2020 on the file

of the Subordinate Court at Thanjavur and transfer to the Subordinate Court at

Thiruvarur.

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 12.09.2018 as per

Hindu Rites and Customs. Since, the relationship between the couples went bitter,

the Respondent/Husband filed H.M.O.P.No.01 of 2020, on the file of the

Subordinate Court, Thanjavur, 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.01 of 2020 pending on the file of the Family Court, Thanjavur and

transfer the same to the file of the Sub Court, Thiruvarur.

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https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.382 of 2022

4. The petitioner has stated that now she is residing with her aged parents

and it is very difficult for her to travel from Thiruvarur to Thanjavur, for attending

the Court proceedings at Thanjavur.

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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https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.382 of 2022

R.N.MANJULA, J.

rgi

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The

petition in H.M.O.P.No.01 of 2020 filed by the Respondent is ordered to be

withdrawn from the file of Subordinate Court, Thanjavur and transferred to the file

of Subordinate Court, Thiruvarur. The learned Judge, Subordinate Court,

Thanjavur, is directed to transmit all the records pertaining to H.M.O.P.No.01 of

2020 to the file of the Subordinate Court, Thiruvarur, 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, Subordinate Court, Thanjavur.

2.The Judge, Subordinate Court, Thiruvarur.

Tr.C.M.P.No.382 of 2022 and C.M.P.No.7352 of 2022

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https://www.mhc.tn.gov.in/judis