Madras High Court
S.Prabavathy vs E.Saravanan on 7 June, 2022
Tr.C.M.P.No.301 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.301 of 2022
and C.M.P.No.6158 of 2022
S.Prabavathy ... Petitioner
..Vs..
E.Saravanan ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
case in H.M.O.P.No.149 of 2021 on the file of Subordinate Court,
Kancheepuram and transfer to the Principal Subordinate Court,
Villupuram.
For Petitioner : Mr.C.Munusamy
For Respondent : No appearance
1/6
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.301 of 2022
ORDER
This petition is filed to withdraw the H.M.O.P.No.149 of 2021
pending on the file of the Subordinate Court, Kancheepuram and
transfer the same to the file of Principal Subordinate Court, Villupuram.
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
24.03.2019 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.OP.No.149 of 2021 on the file of the Subordinate Court,
Kancheepuram, against the Petitioner seeking divorce. Now, the
Petitioner herein who is the wife has preferred the present petition to
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Tr.C.M.P.No.301 of 2022
withdraw H.M.O.P.No.149 of 2021 pending on the file of Subordinate
Court, Kancheepuram and transfer the same to the file of Principal
Subordinate Court, Villupuram.
4. The Petitioner has stated that she is staying with her aged
parents and it is very difficult for her to travel from Villupuram to
Kancheepuram for attending the Court proceedings at Kancheepuram.
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 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
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Tr.C.M.P.No.301 of 2022
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.
67.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in H.M.O.P.No.149/2021 filed by the Respondent is ordered
to be withdrawn from the file of Subordinate Court, Kancheepuram and
transferred to the file of Principal Subordinate Court, Villupuram. The
learned Judge, Subordinate Court, Kancheepuram is directed to transmit
all the records pertaining to H.M.O.P.No.149/2021 to the file of the
Principal Subordinate Court, Villupuram, 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.
07.06.2022
arr
Index: Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.301 of 2022
To
1.The Subordinate Court, Kancheepuram.
2. The Principal Subordinate Court, Villupuram.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.301 of 2022
R.N.MANJULA,J.
arr
Tr.C.M.P. No.301 of 2022
and C.M.P.No.6158 of 2022
07.06.2022
https://www.mhc.tn.gov.in/judis
