Madras High Court
K.P.Aswini vs Vignesh on 28 June, 2022
Tr.C.M.P.No.297 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.297 of 2022
and
C.M.P.No.5965 of 2022
K.P.Aswini ... Petitioner
Vs
Vignesh ... Respondent
Prayer :- Petition is filed under Section 24 of C.P.C., pleased to withdraw
H.M.O.P.No.121 of 2022 pending on the file of the Family Court, Salem and
transfer the same to the Subordinate Court, Arakkonam.
For Petitioner : Mr.L.Sunil
For Respondent : No Appearance
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Tr.C.M.P.No.297 of 2022
ORDER
This Petition has been filed to withdraw H.M.O.P.No.121 of 2022 pending
on the file of the Family Court, Salem and transfer it to the Subordinate Court,
Arakkonam.
2. Heard the learned counsel for the petitioner 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 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.121 of 2022, 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.121 of
2022 pending on the file of the Family Court, Salem and transfer the same to the
file of the Subordinate Court, Arakkonam.
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Tr.C.M.P.No.297 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 Arakkonam 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.
R.N.MANJULA, J.
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Tr.C.M.P.No.297 of 2022
rgi
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in H.M.O.P.No.121 of 2022 filed by the Respondent is ordered to be
withdrawn from the file of Family Court, Salem and transferred to the file of
Subordinate Court, Arakkonam. The learned Judge, Family Court, Salem, is
directed to transmit all the records pertaining to H.M.O.P.No.121 of 2022 to the
file of the Subordinate Court, Arakkonam, 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, Salem.
2.The Judge, Subordinate Court, Arakkonam.
Tr.C.M.P.No.297 of 2022
and C.M.P.No.5965 of 2022
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