A.Thivyabharathi vs V.P.Arunkarthik
2022 Latest Caselaw 9907 Mad

                                                                            Tr.C.M.P.No.308 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.308 of 2022
                                               and C.M.P.No.6255 of 2022


                     A.Thivyabharathi                                         ... Petitioner

                                                           ..Vs..

                     V.P.Arunkarthik                                           ... Respondent



                     Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw

                     HMOP.No.56 of 2021 pending on the file of the Sub-Court at Perundurai

                     and transfer the same to the file of the Family Court, Karur.



                                     For Petitioner       : Mr.S.Kaithamalai Kumaran

                                     For Respondent      : No appearance


                                                         ****

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https://www.mhc.tn.gov.in/judis
                                                                              Tr.C.M.P.No.308 of 2022

                                                         ORDER

This petition is filed to withdraw HMOP.No.56 of 2021 pending

on the file of the Sub-Court at Perundurai and transfer the same to the

file of the Family Court, Karur.

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

30.03.2018 as per Hindu rites and customs. Since, the relationship

between the couples went bitter, the Respondent/Husband filed

H.M.OP.No.56 of 2021 on the file of the Sub-Court, Perundurai, 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.56 of 2021

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.308 of 2022

pending on the file of the Sub-Court, Perundurai and transfer the same to

the file of Family Court, Karur.

4. The petitioner has stated that respondent's sister is running hotel

near Sub-Court, Perundurai and hence she apprehend to attend the

proceedings as they have been arrayed as accused in the FIR lodged by

the petitioner in Crime No.36 of 2021.

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

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.308 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.56/2021 filed by the Respondent is ordered

to be withdrawn from the file of Sub-Court, Perundurai and transferred to

the file of the Family Court, Karur. The learned Subordinate Judge,

Perundurai is directed to transmit all the records pertaining to

H.M.O.P.No.56/2021 to the file of the Family Court, Karur, 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.308 of 2022



                     To

                     1.The Family Court Judge, Karur.

                     2.The Subordinate Judge, Perundurai.







https://www.mhc.tn.gov.in/judis
                                        Tr.C.M.P.No.308 of 2022

                                        R.N.MANJULA,J.

                                                           dsa




                                  Tr.C.M.P. No.308 of 2022




                                                 13.06.2022







https://www.mhc.tn.gov.in/judis