Madras High Court
S.Suganya vs K.Gandhivel on 13 June, 2022
Tr.C.M.P.No.213 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.213 of 2022
and C.M.P.No.4449 of 2022
S.Suganya ... Petitioner
..Vs..
K.Gandhivel ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the case
in HMOP.No.8 of 2022 pending on the file of the Family Court at
Ramanathapuram and transfer the same to the file of the Subordinate
Court, Ponneri.
For Petitioner : Mr.S.Gopi
For Respondent : Mr.R.Venkatesh
****
1/6
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.213 of 2022
ORDER
This petition is filed to withdraw the HMOP.No.8 of 2022 pending
on the file of the Family Court at Ramanathapuram and transfer the same
to the file of the Subordinate Court, Ponneri.
2. Heard the learned counsel appearing on either side and perused
the materials available on record.
3.The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on
02.11.2008 as per Hindu rites and customs. Since, the relationship
between the couples went bitter, the Respondent/Husband filed
H.M.OP.No.8 of 2022 on the file of the Family Court, Ramanathapuram,
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.8 of
2022 pending on the file of the Family Court, Ramanathapuram and
transfer the same to the file of Subordinate Court, Ponneri.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.213 of 2022
4. The petitioner has stated that she is staying with her mother and
it is very difficult for her to travel from Gummudipoondi to
Ramanathapuram covering a distance of about 600 Kms for attending the
Court proceedings at Ramanathapuram.
5. The learned counsel 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 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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.213 of 2022
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.
7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
The petition in H.M.O.P.No.8/2022 filed by the Respondent is ordered to
be withdrawn from the file of Family Court, Ramanathapuram and
transferred to the file of the Subordinate Court, Ponneri. The learned
Family Court Judge, Ramanathapuram is directed to transmit all the
records pertaining to H.M.O.P.No.8/2022 to the file of the Subordinate
Court, Ponneri, 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
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.213 of 2022
To
1.The Family Court Judge, Ramanathapuram
2.The Subordinate Judge, Ponneri.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.213 of 2022
R.N.MANJULA,J.
dsa
Tr.C.M.P. No.213 of 2022
13.06.2022
https://www.mhc.tn.gov.in/judis
