Madras High Court
T.K.Bowla vs M.Lokeshwaran on 29 June, 2022
Tr.C.M.P. No.311 of 2022
and C.M.P. No.6306 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.311 of 2022
and C.M.P. No.6306 of 2022
T.K.Bowla ... Petitioner
versus
M.Lokeshwaran ... Respondent
PRAYER: Petition is filed under Section 24 of the Code of Civil Procedure,
to withdraw H.M.O.P.No.100 of 2022 on the file of the Family Court,
Tiruchirapalli and transfer the same to the Sub Court, Tambaram.
For Petitioner : Mr.Prakash Paul
For Respondent : No Appearance
ORDER
This petition is filed to withdraw H.M.O.P.No.100 of 2022
from the file of the Family Court, Tiruchirapalli and transfer the same to the
file of the Sub Court, Tambaram.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.311 of 2022
and C.M.P. No.6306 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
18.05.2020 as per Hindu Rites and Customs. Since the relationship between
the couples went bitter, the respondent/husband filed H.M.O.P.No.100 of
2022 on the file of the Family Court, Tiruchirapalli, 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.100 of 2022 pending on the file of
the Family Court, Tiruchirapalli and transfer the same to the file of Sub
Court, Tambaram.
4. The petitioner is said to be staying with her aged mother
and it is very difficult for her to travel from Sithalapakkam to Tiruchirapalli
covering a distance of 314 Kms for attending the Court proceedings at
Tiruchirapalli.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.311 of 2022
and C.M.P. No.6306 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 H.M.O.P.No.100 of 2022 filed by the respondent is
ordered to be withdrawn from the file of the Family Court, Tiruchirapalli
and transferred to the file of Sub Court, Tambaram. The learned Judge,
Family Court, Tiruchirapalli is directed to transmit all the records pertaining
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.311 of 2022
and C.M.P. No.6306 of 2022
to H.M.O.P.No.100 of 2022 to the file of the Sub Court, Tambaram, 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
To
1.The Family Court, Tiruchirapalli.
2.The Sub Court, Tambaram.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P. No.311 of 2022
and C.M.P. No.6306 of 2022
R.N.MANJULA, J.
sri
Tr.C.M.P. No.311 of 2022
and C.M.P. No.6306 of 2022
29.06.2022
https://www.mhc.tn.gov.in/judis
