Madras High Court
R.Abirami vs Dr.S.Singaravadivel on 29 June, 2022
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
R.Abirami ... Petitioner
versus
Dr.S.Singaravadivel ... Respondent
PRAYER: Petition is filed under Section 24 of the Code of Civil Procedure,
to withdraw H.M.O.P.No.29 of 2022 on the file of the Family Court,
Dindigul and transfer the same to the II Additional Family Court, Chennai.
For Petitioner : Mr.M.Leon Raymont
For Respondent : Mr.R.Alwin Manoj Raj
ORDER
This petition is filed to withdraw H.M.O.P.No.29 of 2022 from
the file of the Family Court, Dindigul and transfer the same to the file of the
II Additional Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
2. Heard the learned counsel for the petitioner as well as
learned counsel appearing for the respondent.
3. The petitioner is the wife and respondent is the husband.
The marriage between the petitioner and respondent was solemnized on
10.02.2014 as per Hindu Rites and Customs. Since the relationship between
the couples went bitter, the respondent/husband filed H.M.O.P.No.29 of
2022 on the file of the Family Court, Dindigul, 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.29 of 2022 pending on the file of the
Family Court, Dindigul and to transfer the same to the file of II Additional
Family Court, Chennai.
4. The petitioner is said to be staying with her brother and
she has to take care of her 6 years old female child and hence, it is very
difficult for her to travel from Chennai to Dindigul by covering a distance of
421 Kms for attending the Court proceedings at Dindigul.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
5. The learned counsel appearing for the respondent
submitted that the respondent has got serious health issues and because of
his ailments, it may not be possible for him to travel from Dindigul to
Chennai.
6. 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.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
7. Accordingly, this Transfer Civil Miscellaneous Petition is
allowed. The petition in H.M.O.P.No.29 of 2022 filed by the respondent is
ordered to be withdrawn from the file of the Family Court, Dindigul and
transferred to the file of II Additional Family Court, Chennai. The learned
Judge, Family Court, Dindigul is directed to transmit all the records
pertaining to H.M.O.P.No.29 of 2022 to the file of the II Additional Family
Court, Chennai, within a period of two weeks from the date of receipt of a
copy of this order. Even if the case is transferred from the file of the Family
Court, Dindigul, the respondent is at liberty to file an appropriate application
before the II Additional Family Court, Chennai for dispensing his
appearance whenever it is not necessary. However, there is no order as to
costs. Consequently, connected Miscellaneous Petitions are closed.
29.06.2022
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
To
1.The Family Court, Dindigul.
2.The II Additional Family Court, Chennai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
R.N.MANJULA, J.
sri
Tr.C.M.P. No.451 of 2022
and C.M.P. Nos.8195 & 8196 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
