Madras High Court
Dr.N.Kavya Priyadharshini vs Dr.Sathish on 13 June, 2022
Tr.C.M.P.No.309 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.309 of 2022
and C.M.P.No.6270 of 2022
Dr.N.Kavya Priyadharshini ... Petitioner
..Vs..
Dr.Sathish ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw
HMOP.No.33 of 2022 pending on the file of the Family Court, Karur and
transfer the same to the Family Court, Salem to be tried along with
HMOP.No.65 of 2022 on the file of the Family Court, Salem.
For Petitioner : Ms.J.Prithivi
For Respondent : No appearance
*****
ORDER
This petition is filed to withdraw HMOP.No.33 of 2022 pending
on the file of the Family Court, Karur and transfer the same to the Family
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Tr.C.M.P.No.309 of 2022
Court, Salem to be tried along with HMOP.No.88 of 2022 on the file of
the Family Court, Salem.
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
08.03.2017 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.OP.No.33 of 2022 on the file of the Family Court, Karur, against the
Petitioner seeking divorce. The petitioner/ Wife filed H.M.O.P.No.65 of
2022 on the file of the Family Court, Salem seeking restitution of
conjugal rights. Now, the Petitioner herein who is the wife has preferred
the present petition to withdraw H.M.O.P.No.33 of 2022 pending on the
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Tr.C.M.P.No.309 of 2022
file of the Family Court, Karur and transfer the same to the file of Family
Court, Salem to be tried along with H.M.O.P.No.65 of 2022.
4. The petitioner has stated that she is staying with her parents and
HMOP.No.65 of 2022 is pending on the file of the Family Court, Salem,
hence he prays to withdraw the HMOP.No.33 of 2022 pending on the file
of the Family Court, Karur and transfer to Family Court, Salem to be
tried along with HMOP.No.65 of 2022.
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
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Tr.C.M.P.No.309 of 2022
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.
The petition in H.M.O.P.No.33/2022 filed by the Respondent is ordered
to be withdrawn from the file of Family Court, Karur and transferred to
the file of the Family Court, Salem. The learned Family Court Judge,
Karur is directed to transmit all the records pertaining to
H.M.O.P.No.33/2022 to the file of the Family Court, Salem, within a
period of two weeks from the date of receipt of a copy of this order to be
tried along with H.M.O.P.No.65 of 2022. No costs. Consequently,
connected Miscellaneous Petition is closed.
13.06.2022
dsa
Index : Yes/No
Speaking Order : Yes / No
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.309 of 2022
To
1.The Family Court Judge, Karur.
2.The Family Court Judge, Salem.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.309 of 2022
R.N.MANJULA,J.
dsa
Tr.C.M.P. No.309 of 2022
13.06.2022
https://www.mhc.tn.gov.in/judis
