Madras High Court
S.Poornima vs N.Senthil on 13 June, 2022
Tr.C.M.P.No.328 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.328 of 2022
and C.M.P.No.6585 of 2022
S.Poornima ... Petitioner
..Vs..
N.Senthil ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to transfer
HMOP.No.149 of 2021 on the file of learned Sub-Judge at Harur to Sub
Court, Bhavani.
For Petitioner : Mr.B.Mohan
For Respondent : No appearance
****
ORDER
This petition is filed to withdraw HMOP.No.149 of 2021 pending
on the file of the Sub-Court, Harur and transfer the same to the file of the
Sub-Court, Bhavani.
2. Heard the learned counsel for the petitioner and perused the
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Tr.C.M.P.No.328 of 2022
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 the respondent was solemnized on
10.07.2013 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.O.P.No.149 of 2021 on the file of the Sub-Court, Harur, 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.149 of 2021
pending on the file of the Sub-Court, Harur and transfer the same to the
file of Sub-Court, Bhavani.
4. The petitioner has stated that she is staying with her aged
parents and it is very difficult for her to travel from Bhavani to Harur
covering a distance of 125 Kms for attending the Court proceedings at
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Tr.C.M.P.No.328 of 2022
Harur.
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 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.
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Tr.C.M.P.No.328 of 2022
The petition in H.M.O.P.No.149/2021 filed by the Respondent is ordered
to be withdrawn from the file of Sub-Court, Harur and transferred to the
file of the Sub-Court, Bhavani. The learned Subordinate Judge, Harur is
directed to transmit all the records pertaining to H.M.O.P.No.149/2021 to
the file of the Sub-Court, Bhavani, 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
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Tr.C.M.P.No.328 of 2022
To
1.The Subordinate Judge, Harur.
2.The Subordinate Judge, Bhavani.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.328 of 2022
R.N.MANJULA,J.
dsa
Tr.C.M.P. No.328 of 2022
13.06.2022
https://www.mhc.tn.gov.in/judis
