Madras High Court
M.Kothandaraman vs S.Jothilakshmi on 13 June, 2022
Tr.C.M.P.No.329 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.329 of 2022
and C.M.P.No.6590 of 2022
M.Kothandaraman ... Petitioner
..Vs..
S.Jothilakshmi ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
petition in HMOP.No.55 of 2022 on the file of Sub Court, Kanchipuram
and to transfer the same to the Sub Court, Arakkonam and try along with
the HMOP.No.137 of 2021.
For Petitioner : Mr.M.Arunkumar
For Respondent : No appearance
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1/6
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Tr.C.M.P.No.329 of 2022
ORDER
This petition is filed to withdraw the petition in HMOP.No.55 of
2022 on the file of Sub Court, Kanchipuram and to transfer the same to
the Sub Court, Arakkonam and try along with the HMOP.No.137 of
2021.
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 is printed in the cause list, there is no
representation on behalf of the respondent.
3.The petitioner is the husband and respondent is the wife. The
marriage between the petitioner and respondent was solemnized on
09.06.2016 as per Hindu rites and customs. The petitioner/ husband filed
HMOP.No.137 of 2021 on the file of Sub-Court, Arakkonam seeking
divorce and the respondent/ wife filed HMOP.No.55 of 2022 on the file
of Sub-Court, Kanchipuram seeking restitution of conjugal rights.
Now, the Petitioner herein who is the husband has preferred the present
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Tr.C.M.P.No.329 of 2022
petition to withdraw H.M.O.P.No.55 of 2022 pending on the file of the
Sub Court, Kancheepuram and transfer the same to the file of the Sub-
Court, Arakkonam to be tried along with H.M.O.P.No.137 of 2021.
4. The learned counsel for the petitioner submitted that for the
purpose of convenience and joint trial the H.M.O.P.No.55 of 2022 filed
by the respondent/ wife may be withdrawn and transferred to Sub-Court,
Arakkonam to be tried along with H.M.O.P.No.137 of 2021. He further
submitted that the respondent have some mental health issues.
5. It is needless to state that in matrimonial proceedings,
preference in the matter of jurisdiction 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
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Tr.C.M.P.No.329 of 2022
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 facilitating the
wife to participate in the matrimonial proceedings without any hardship.
6. The petitioner wished a joint trial of both the matters and hence
it would be appropriate to withdraw the proceedings pending in
HMOP.No.137 of 2021 on the file of the Sub-Court, Arakkonam and
transfer it to Sub-Court, Kancheepuram to be tried along with
HMOP.No.55 of 2022. The learned counsel for the petitioner accepts for
such a proposal.
7. Hence, this Transfer Civil Miscellaneous Petition is disposed of
with a direction to withdraw the proceedings pending in HMOP.No.137
of 2021 on the file of the Sub-Court, Arakkonam and transfer the same to
Sub-Court, Kancheepuram to be tried along with HMOP.No.55 of 2022.
The learned Sub-Judge, Arakkonam is directed to transmit all the records
pertaining to H.M.O.P.No.137/2021 to the file of the Sub-Court,
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Tr.C.M.P.No.329 of 2022
Kancheepuram, 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.
13.06.2022
dsa
Index : Yes/No
Speaking Order : Yes / No
To
1.The Sub Judge, Kanchipuram.
2.The Sub Judge, Arakkonam.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.329 of 2022
R.N.MANJULA,J.
dsa
Tr.C.M.P. No.329 of 2022
13.06.2022
https://www.mhc.tn.gov.in/judis
