Madras High Court
M.Sowmiya vs R.Subramania Bharathy on 10 June, 2022
Tr.C.M.P.No.490 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2022
CORAM :
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
Tr.C.M.P. No.490 of 2022
and C.M.P.Nos.8899 and 8900 of 2022
M.Sowmiya ... Petitioner
..Vs..
R.Subramania Bharathy ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
petition in H.M.O.P.No.61 of 2022 from the file of the Sub-Court,
Tambaram and transfer it to the Sub-Court, Neyveli to be tried along with
H.M.O.P.No.30 of 2022.
For Petitioner : Mrs.V.Uma Shankari
For Respondent : Mr.Amrit Raj
****
ORDER
This petition is filed to withdraw the petition in H.M.O.P.No.61 of
2022 from the file of the Sub-Court, Tambaram and transfer it to the Sub-
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Tr.C.M.P.No.490 of 2022
Court, Neyveli to be tried along with H.M.O.P.No.30 of 2022.
2 Heard the learned counsel for the petitioner and the learned
counsel for the respondent and perused the materials available on record.
3.The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
24.01.2020 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.OP.No.61 of 2022 on the file of the Sub-Court, Tambaram, against
the Petitioner seeking divorce. The petitioner also filed H.M.O.P.No.30
of 2022 against the respondent for divorce on the ground of cruelty and
permanent alimony which is pending on the file of the Sub-Court,
Neyveli. Now, the Petitioner herein who is the wife has preferred the
present petition to withdraw H.M.O.P.No.61 of 2022 pending on the file
of Sub-Court, Tambaram and transfer the same to the file of Sub-Court,
Neyveli.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.490 of 2022
4. The petitioner has stated that she is unemployed and has got
no source of income and it is very difficult for her to travel alone from
Neyvel to Chennai covering a distance of 217 Kms for attending the
Court proceedings at Tambaram.
5. The learned counsel appearing for the Respondent submitted
that this petition for transfer has been filed only to drag on the
proceedings and prayed for dismissal of the transfer petition.
6. It is needless to state that in the 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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.490 of 2022
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
that the prayer of the petitioner should be considered favourably.
7.Accordingly, the Transfer Civil Miscellaneous Petition is
allowed. The petition in H.M.O.P.No.61 of 2022 filed by the Respondent
is ordered to be withdrawn from the file of Sub-Court, Tambaram and
transferred to the file of the Sub-Court, Neyveli and to be tried along
with H.M.O.P.No.30 of 2022. The learned Judge, Sub-Court, Tambaram
is directed to transmit all the records pertaining to H.M.O.P.No.61 of
2022 to the file of the Sub-Court, Neyveli, within a period of two weeks
from the date of receipt of a copy of this order. No costs. Consequently,
connected Miscellaneous Petitions are closed.
10.06.2022
ssn
Index : Yes/No
Speaking Order : Yes / No
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.490 of 2022
To
1.The Sub-Court,
Tambaram.
2.The Sub-Court,
Neyveli.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.490 of 2022
R.N.MANJULA, J.,
ssn
Tr.C.M.P. No.490 of 2022
and
C.M.P.Nos.8899 and 8900 of 2022
10.06.2022
https://www.mhc.tn.gov.in/judis
