Madras High Court
S.Deepika vs S.Ravi Varma on 30 June, 2022
Tr.C.M.P.No.365 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.365 of 2022
and C.M.P.No.6885 of 2022
S.Deepika ... Petitioner
..Vs..
S.Ravi Varma ... Respondent
Prayer:- Petition is filed under Section 24 of the Civil Procedure Code to
withdraw the HMOP.No.150 of 2022 on the file of the Learned Family
Court Judge in Salem and to transfer the same to the file of Learned
Principal Family Court at Chennai or any other Family Court at Chennai
District.
For Petitioner : Mr.M.Rajasekar
For Respondent : Mr.K.Moorthy
ORDER
This petition is filed to withdraw HMOP.No.150 of 2022 on the file
of the learned Family Court Judge, Salem and to transfer the same to the
file of the Principal Family Court, Chennai.
2.Heard the learned counsel for the petitioner as well as the learned
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.365 of 2022
counsel for the respondent and perused the materials available on record.
3.The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
09.03.2017. Since, the relationship between the couples went bitter, the
Respondent/Husband filed HMOP.No.150 of 2022 pending on the file of
the learned Judge, Family Court, Salem, against the petitioner seeking
divorce. Now, the petitioner herein who is the wife has preferred the
present petition to withdraw HMOP.No.150 of 2022 on the file of the
learned Family Court Judge, Salem and transfer the same to the file of the
learned Judge, Principal Family Court, Chennai.
4. The petitioner has stated that she is employed at Chennai and
taking care of her 3 ½ years old son without any help and it is very
difficult for her to travel from Chennai to Salem for attending the Court
proceedings at Salem.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.365 of 2022
5. Since the respondent is employed at USA and he is unable to
attend the Court in person, he is at liberty to file a petition to appear
through his Power of Attorney before the trial Court. At the time of
petition being filed, the learned trial Judge is directed to consider the
same and pass orders.
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]. In fact 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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.365 of 2022
that the prayer of the petitioner should be considered favourably.
7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in HMOP.No.150 of 2022 filed by the respondent is ordered
to be withdrawn from the file of the learned Family Court Judge, Salem
and is transferred to the file of the Principal Family Court, Chennai. The
learned Family Court Judge, Salem, is directed to transmit all the records
pertaining to HMOP.No.150 of 2022 to the file of the Principal Family
Court, Chenai, 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 Family Court Judge, Salem,
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.365 of 2022
2.The Judge, Principal Family Court, Chennai.
R.N.MANJULA,J.
jrs
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.365 of 2022
Tr.C.M.P. No.365 of 2022
and C.M.P.No.6885 of 2022
30.06.2022
https://www.mhc.tn.gov.in/judis
