Madras High Court
Mrs.T.J.Shalini vs G.Karthick on 7 June, 2022
Tr.C.M.P.No.293 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.293 of 2022
and C.M.P.No.5867 of 2022
Mrs.T.J.Shalini ... Petitioner
..Vs..
G.Karthick ... Respondent
Prayer:- Petition is filed under Section 151 of C.P.C., to withdraw the
H.M.O.P.No.1838 of 2021 from the file of the I Additional Family Court,
Coimbatore District and to transfer the same to the Family Court,
Chennai District.
For Petitioner : Mr.R.Ramesh
For Respondent : No appearance
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https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.293 of 2022
ORDER
This petition is filed to withdraw the H.M.O.P.No.1838 of 2021
pending on the file of the I Additional Family Court, Coimbatore District
and transfer the same to the file of Family Court, Chennai.
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
27.11.2020 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.OP.No.1838 of 2021 on the file of the Family Court, Ariyalur,
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.1838
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Tr.C.M.P.No.293 of 2022
of 2021 pending on the file of I Additional Family Court, Coimbatore
and transfer the same to the file of Family Court, Chennai.
4. The petitioner has stated that she is staying with her aged
parents and it is very difficult for her to travel from Chennai to
Coimbatore covering a distance of 550 Kms for attending the Court
proceedings at Coimbatore.
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.293 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.
6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in H.M.O.P.No.1838/2021 filed by the Respondent is
ordered to be withdrawn from the file of I Additional Family Court,
Coimbatore and transferred to the file of the Family Court, Chennai. The
learned Judge, I Additional Family Court, Coimbatore is directed to
transmit all the records pertaining to H.M.O.P.No.1838/2021 to the file of
the 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.
07.06.2022
arr
Index : Yes/No
Speaking Order : Yes / No
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.293 of 2022
To
1.The I Additional Family Court, Coimbatore.
2.The Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.293 of 2022
R.N.MANJULA,J.
arr
Tr.C.M.P. No.293 of 2022
and C.M.P.No.5867 of 2022
07.06.2022
https://www.mhc.tn.gov.in/judis
