R.N.Datchayini vs R.Parthiban
2022 Latest Caselaw 9524 Mad

                                                                           Tr.C.M.P.No.190 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.190 of 2022
                                             and C.M.P.No.3816 of 2022


                     R.N.Datchayini                                              ... Petitioner

                                                          ..Vs..

                     R.Parthiban                                              ... Respondent

                     Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the case

                     in H.M.O.P.No.564 of 2021 on the file of the Family Court, Tiruchirapalli

                     and to transfer same to Sub Court, Hosur.



                                     For Petitioner     : Mr.S.C.Vishwanth
                                     For Respondent      : Mr.R.Amardeep




                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                 Tr.C.M.P.No.190 of 2022

                                                          ORDER

This petition is filed to withdraw H.M.O.P.No.564 of 2021 pending

on the file of Family Court, Tiruchirapalli and to transfer the same to the

Sub Court, Hosur.

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

marriage between the petitioner and respondent was solemnized on

03.11.2014. After marriage, the Respondent and his family members

started demanding dowry from the Petitioner and thereafter drove her

away from the matrimonial home by alleging that she is suffering from

Obsessive Compulsive Disorder disease. Left with no other option, the

Petitioner left matrimonial home and presently living with her parents.

Thereafter, the respondent filed H.M.O.P.No.564 of 2021 on the file of

the Family Court, Trichy seeking divorce.

3.According to the petitioner, she is staying with her aged parents

at Hosur and the distance between Hosur and Trichy is 620 Kms and

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.190 of 2022

therefore it is very difficult for her to travel such a long distance to attend

the Court proceedings at Tiruchirapalli. In the circumstances, the

petitioner has come out with the present Tr.C.M.P. to transfer

H.M.O.P.No.564 of 2021 pending on the file of Family Court,

Tiruchirapalli to the file of Sub Court, Hosur.

4. A counter Affidavit has been filed by the Respondent, wherein it

is stated that the Petitioner is suffering from Obsessive Compulsive

Disorder (OCD) and though the Respondent made efforts to give

treatment to OCD by taking her to Super Speciality Hosptial, the

Petitioner has not co-operated for the same. The learned counsel

appearing for the Respondent submitted that the Petitioner's mother is

suffering from cancer and he has to take care of her and if this petition is

allowed, the it would be extremely difficult for him to attend each and

every hearing at Sub Court, Hosur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.190 of 2022

5.Heard the learned counsel appearing on either side and perused

the materials available on record.

6.Considering the above contention of the learned counsel for the

petitioner and well settled judicial pronouncement of the Hon'ble Supreme

Court 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], the

convenience of the wife must be given preference in the matrimonial

proceedings. Further, as per the provisions of the Hindu Marriage Act,

place of residence of wife must be taken into account.

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

The petition in H.M.O.P.No.190 of 2022 filed by the Respondent is

ordered to be withdrawn from the file of Family Court, Tiruchirappalli

and transferred to the file of the Sub Court, Hosur. The learned Judge,

Family Court, Tiruchirappalli is directed to transmit all the records

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.190 of 2022

pertaining to H.M.O.P.No.564 of 2021 to the file of the Sub Court, Hosur,

within a period of two weeks from the date of receipt of a copy of this

order. Since, the matter is getting transferred to Sub Court, Hosur the

Respondent is at liberty to file vakalat through his counsel. However, the

Respondent has to make his appearance only as and when the Court

directs. No costs. Consequently, connected Miscellaneous Petition is

closed.

07.06.2022

arr

To

1.The Family Court Judge, Thiruchirappalli.

2.The Sub Judge, Hosur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.190 of 2022

R.N.MANJULA,J.

arr

Tr.C.M.P. No.190 of 2022 and C.M.P.No.3816 of 2022

07.06.2022

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