Madras High Court
Mrs.Subbulakshmi vs Mr.K.Narayanamurthy on 7 June, 2022
Tr.C.M.P.No.290 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.290 of 2022
and C.M.P.No.5820 of 2022
Mrs.Subbulakshmi ... Petitioner
..Vs..
Mr.K.Narayanamurthy ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw
H.M.O.P.No.76 of 2021 pending on the file of learned Subordinate
Court, Ranipet and to transfer the same to the file of the Family Court,
Pondicherry.
For Petitioner : Mr.R.Sreedhar
For Respondent : No appearance
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1/6
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.290 of 2022
ORDER
This petition is filed to withdraw H.M.O.P.No.76 of 2021 pending
on the file of learned Subordinate Court, Ranipet and to transfer the same
to the file of the Family Court, Pondicherry.
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
27.10.1991 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.OP.No.76 of 2021, before the Subordinate Court, Ranipet, 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.76 of 2021
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Tr.C.M.P.No.290 of 2022
pending on the file of Subordinate Court, Ranipet and transfer the same
to the file of Family Court, Pondicherry.
4. The petitioner has stated that she is staying with her aged
mother and she has no independent source of income and hence it is very
difficult for her to travel from Pondicherry to Ranipet to attend the Court
proceedings at Ranipet.
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.290 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.76/2021 filed by the Respondent is ordered
to be withdrawn from the file of Learned Subordinate Court, Ranipet and
transferred to the file of the Family Court, Pondicherry. The learned
Subordinate Judge, Ranipet is directed to transmit all the records
pertaining to H.M.O.P.No.76/2021 to the file of the Family Court,
Pondicherry, 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.290 of 2022
To
1.The Subordinate Court, Ranipet.
2.The Family Court,
Pondicherry.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.290 of 2022
R.N.MANJULA,J.
arr
Tr.C.M.P. No.290 of 2022
and C.M.P.No.5820 of 2022
07.06.2022
https://www.mhc.tn.gov.in/judis
