Madras High Court
A.Kalaiarasi vs S.Hariramu on 28 June, 2022
Tr.C.M.P. No.428 of 2022
and C.M.P. No.7921 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.428 of 2022
and C.M.P. No.7921 of 2022
A.Kalaiarasi ... Petitioner
versus
S.Hariramu ... Respondent
PRAYER: Petition is filed under Section 24 of the Code of Civil Procedure,
to withdraw the proceedings in F.C.O.P.No.1331 of 2021 on the file of the
Family Court, Madurai, filed by the respondent and transfer the same to the
Family Court, Vellore.
For Petitioner : Mr.T.Saravanan
For Respondent : No Appearance
ORDER
This petition is filed to withdraw F.C.O.P.No.1331 of 2021
from the file of the Family Court, Madurai and transfer the same to the file
of the Family Court, Vellore.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.428 of 2022
and C.M.P. No.7921 of 2022
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
27.01.2020 as per Hindu Rites and Customs. Since the relationship between
the couples went bitter, the respondent/husband filed F.C.O.P.No.1331 of
2021 on the file of the Family Court, Madurai, against the petitioner seeking
divorce. Now, the petitioner herein, who is the wife has preferred the present
petition to withdraw F.C.O.P.No.1331 of 2021 pending on the file of the
Family Court, Madurai and transfer the same to the file of Family Court,
Vellore.
4. The petitioner is said to be staying with her aged parents
and it is very difficult for her to travel from Vellore to Madurai covering a
distance of 400 Kms for attending the Court proceedings at Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.428 of 2022
and C.M.P. No.7921 of 2022
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
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 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.
6. Accordingly, this Transfer Civil Miscellaneous Petition is
allowed. The petition in F.C.O.P.No.1331 of 2021 filed by the respondent is
ordered to be withdrawn from the file of the Family Court, Madurai and
transferred to the file of Family Court, Vellore. The learned Judge, Family
Court, Madurai is directed to transmit all the records pertaining to
F.C.O.P.No.1331 of 2021 to the file of the Family Court, Vellore, within a
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.428 of 2022
and C.M.P. No.7921 of 2022
period of two weeks from the date of receipt of a copy of this order.
However, there is no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
28.06.2022
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
To
1.The Family Court, Madurai.
2.The Family Court, Vellore.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.428 of 2022
and C.M.P. No.7921 of 2022
R.N.MANJULA, J.
sri
Tr.C.M.P. No.428 of 2022
and C.M.P. No.7921 of 2022
28.06.2022
https://www.mhc.tn.gov.in/judis
