Gokula Lakshmi vs D.Venkatesan
2022 Latest Caselaw 11329 Mad

                                                                                 Tr.C.M.P.No.294 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.294 of 2022
                                                         and
                                                 C.M.P.No.5881 of 2022


                Gokula Lakshmi                                                  ... Petitioner

                                                             Vs

                D.Venkatesan                                                    ... Respondent

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

                H.M.O.P.No.367 of 2019 pending on the file of the Family Court, Salem and

                transfer the same to the Sub Court, Omalur.

                                       For Petitioner    :    Mr.B.Kumarasamy
                                       For Respondent    :    Mr.C.Prabakaran




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https://www.mhc.tn.gov.in/judis
                                                                                  Tr.C.M.P.No.294 of 2022

                                                      ORDER

This Petition has been filed to withdraw H.M.O.P.No.367 of 2019 pending

on the file of the Family Court, Salem and transfer it to the Sub Court, Omalur.

2. Heard the learned counsel appearing for both the petitioner and the

respondent 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 06.06.2011 as per

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

the Respondent/Husband filed H.M.O.P.No.367 of 2019, 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.367 of

2019 pending on the file of the Family Court, Salem and transfer the same to the

file of the Sub Court, Omalur.

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https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.294 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 Omalur 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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https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.294 of 2022

rgi

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

petition in H.M.O.P.No.367 of 2019 filed by the Respondent is ordered to be

withdrawn from the file of Family Court, Salem and transferred to the file of Sub

Court, Omalur. The learned Judge, Family Court, Salem, is directed to transmit all

the records pertaining to H.M.O.P.No.367 of 2019 to the file of the Sub Court,

Omalur, 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, Sub Court, Omalur.
                                                                        Tr.C.M.P.No.294 of 2022
                                                                      and C.M.P.No.5881 of 2022




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