N.Ambika vs K.Balachander
2022 Latest Caselaw 11534 Mad

                                                                             Tr.C.M.P.No.440 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 30.06.2022

                                                        CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                               Tr.C.M.P. No.440 of 2022
                                          and C.M.P.Nos.8084 & 9071 of 2022

                     1.N.Ambika
                     2.B.Kaashvi Khisha
                     (2nd minor rep.by their natural
                     guardian and next friend mother
                     Ambika)                                                 ... Petitioners
                                                            ..Vs..

                     K.Balachander                                           ... Respondent

                     Prayer:- Petition is filed under Section 24 of the Civil Procedure Code to
                     withdraw the M.C.No.435 of 2018 from the file of the V Additional
                     Principal Family Court, Chennai and transfer the same to the file of the
                     VII Additional Principal Family Court, Chennai for being tried along with
                     OP.No.756 of 2020.


                                      For Petitioners       : Mr.S.Mayilnathan

                                      For Respondent       : No appearance




                     1/6


https://www.mhc.tn.gov.in/judis
                                                                              Tr.C.M.P.No.440 of 2022

                                                             ORDER

This petition is filed to withdraw M.C.No.435 of 2018 pending on

the file of the V Additional Principal Family Court, Chennai and transfer

the same to the VII Additional Principal Family Court, Chennai to be tried

along with OP.No.756 of 2020.

2.Heard the learned counsel for the petitioner and perused the

materials available on record. The respondent was served with notice, has

not entered appearance either in person or through counsel.

3.The petitioner is the wife and respondent is the husband. The

marriage between the petitioner and respondent was solemnized on

21.08.2016 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

O.P.No.2588 of 2018 on the file of the V Additional Principal Family

Court, Chennai, against the petitioner seeking divorce. The petitioner/wife

also filed a petition in OP.No.756 of 2020 for restitution of conjugal

rights on the file of the VII Additional Family Court, Chennai. The

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.440 of 2022

petitioner has filed MC.No.435 of 2018 seeking for maintenance, is

pending on the file of the V Additional Family Court, Chennai. The

divorce petition filed by the respondent was allowed by the V Additional

Family Court on 10.12.202 and the petitioner filed C.M.A.SR.No.29239

of 2022 before this Court and the same is yet to be numbered. Now, the

petitioner herein who is the wife has preferred the present petition to

withdraw MC.No.435 of 2018 on the file of the V Additional Principal

Family Court, Chennai and transfer the same to the file of the VII

Additional Family Court, Chennai to be tried along with O.P.No.756 of

2020, which is filed by the petitioner / wife.

4. The petitioner has stated that she is staying with her aged

parents and her minor children and it is very difficult for her to attend the

court proceedings in both the courts on various dates.

5. It is needless to state that in matrimonial proceedings,

preference should be given to the convenience of the wife. The said

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.440 of 2022

position has been settled in various Judgments of the Hon'ble Supreme

Court and more particularly 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.

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

The petition in MC.No.435 of 2018 filed by the petitioner is ordered to be

withdrawn from the file of the V Additional Principal Family Court,

Chennai and transferred to the file of the VII Additional Family Court,

Chennai to be tried along with O.P.No.756 of 2020, which is filed by the

petitioner/wife. The learned Judge, V Additional Principal Family Court,

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.440 of 2022

Chennai is directed to transmit all the records pertaining to MC.No.435

of 2018 to the file of the VII Additional Family Court, Chennai, 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.

30.06.2022 jrs Index:Yes/No Speaking Order:Yes/No

To

1.The VII Additional Family Court, Chennai.

2. The V Additional Principal Family Court,Chennai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.440 of 2022

R.N.MANJULA,J.

jrs

Tr.C.M.P. No.440 of 2022 and C.M.P.Nos.8084 & 9071 of 2022

30.06.2022

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