Madras High Court
Mathuri vs Moovendhan on 28 June, 2022
Tr.C.M.P.No.358 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.358 of 2022
and
C.M.P.No.7492 of 2022
Mathuri ... Petitioner
Vs
Moovendhan ... Respondent
Prayer :- Petition is filed under Section 24 of C.P.C., pleased to withdraw the case
in M.O.P.No.98 of 2022 on the file of the Family Court at Pondicherry, transfer
the same to the Family Court, Karaikal to be tried along with M.O.P.No.21 of
2022 on the file of the Family Court, Karaikal.
For Petitioner : Mr.S.V.Karthikeyan
For Respondent : No Appearance
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Tr.C.M.P.No.358 of 2022
ORDER
This Petition has been filed to withdraw M.O.P.No.98 of 2022 on the file of
the Family Court at Pondicherry and transfer it to the Family Court at Karaikal to
be tried along with M.O.P.No.21 of 2022 on the file of the Family Court, Karaikal.
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 11.04.2016 as per
Hindu Rites and Customs. Since, the relationship between the couples went bitter,
the Respondent/Husband filed M.O.P.No.98 of 2022, on the file of the Family
Court, Pondicherry, against the petitioner seeking divorce. Now, the petitioner
herein who is the wife has preferred the present petition to withdraw M.O.P.No.98
of 2022 pending on the file of the Family Court, Pondicherry and transfer the same
to the file of the Family Court, Karaikal to be tried along with M.O.P.No.21 of
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Tr.C.M.P.No.358 of 2022
2022, which is filed by the petitioner / wife.
4. The petitioner has stated that now she is residing with her aged parents
and it is very difficult for her to travel from Karaikal to Pondicherry, for attending
the Court proceedings at Pondicherry.
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.358 of 2022
R.N.MANJULA, J.
rgi
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in M.O.P.No.98 of 2022 filed by the Respondent is ordered to be
withdrawn from the file of Family Court, Pondicherry and transferred to the file of
Family Court, Karaikal. The learned Judge, Family Court, Pondicherry, is directed
to transmit all the records pertaining to M.O.P.No.98 of 2022 to the file of the
Family Court, Karaikal to be tried along with M.O.P.No.21 of 2022, which is filed
by the petitioner / wife., 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, Pondicherry.
2.The Judge, Family Court, Karaikal.
Tr.C.M.P.No.358 of 2022
and C.M.P.No.7492 of 2022
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