Madras High Court
K.Girija vs V.Partheeban on 29 June, 2022
Tr.C.M.P. No.125 of 2022
and C.M.P. No.2512 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.125 of 2022
and C.M.P. No.2512 of 2022
K.Girija ... Petitioner
versus
V.Partheeban ... Respondent
PRAYER: Petition is filed under Section 24 of the Code of Civil Procedure,
to withdraw M.C.No.460 of 2021 on the file of the IV Additional Family
Court, Chennai and transfer the same to the Family Court, Coimbatore.
For Petitioner : Mr.A.Saranraj
For Respondent : M/s.N.Umapathi
ORDER
This petition is filed to withdraw M.C.No.460 of 2021 from the
file of the IV Additional Family Court, Chennai and transfer the same to the
file of the Family Court, Coimbatore.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.125 of 2022
and C.M.P. No.2512 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
14.02.2016 as per Hindu Rites and Customs. Since the relationship between
the couples went bitter, the respondent/husband filed H.M.O.P.No.1278 of
2017 on the file of the Family Court, Coimbatore, against the petitioner
seeking divorce. Subsequently, the respondent also filed M.C.No.460 of
2021 on the file of the IV Additional Family Court, Chennai, against the
petitioner seeking maintenance. Now, the petitioner herein, who is the wife
has preferred the present petition to withdraw M.C.No.460 of 2021 pending
on the file of the IV Additional Family Court, Chennai and transfer the same
to the file of the Family Court, Coimbatore.
4. The petitioner has stated that she is staying with her
minor child and she has no source of income and hence, it is very difficult
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.125 of 2022
and C.M.P. No.2512 of 2022
for her to travel from Coimbatore to Chennai to attend the Court
proceedings.
5. The learned counsel appearing for the respondent
submitted that the respondent's life is in danger at the hands of the
petitioner/wife; she is working in Coimbatore and staying with her parents.
The female child born to couples is also under the custody of the petitioner.
The respondent/husband knowing pretty well about the pending
matrimonial proceedings at Coimbatore has chosen to file the petition for
claiming maintenance for him.
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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.125 of 2022
and C.M.P. No.2512 of 2022
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.
7. Accordingly, this Transfer Civil Miscellaneous Petition
is allowed. The petition in M.C.No.460 of 2021 filed by the respondent is
ordered to be withdrawn from the file of the IV Additional Family Court,
Chennai and transferred to the file of the Family Court, Coimbatore. The
learned Judge, IV Additional Family Court, Chennai is directed to transmit
all the records pertaining to M.C.No.460 of 2021 to the file of the Family
Court, Coimbatore, within a 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.
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.125 of 2022
and C.M.P. No.2512 of 2022
To
1.The IV Additional Family Court, Chennai.
2.The Family Court, Coimbatore.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.125 of 2022
and C.M.P. No.2512 of 2022
R.N.MANJULA, J.
sri
Tr.C.M.P. No.125 of 2022
and C.M.P. No.2512 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
