Prema, v. M. Baskaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA Tr.C.M.P. No.203 of 2022 and C.M.P.Nos.4144 & 4145 of 2022 Mrs.Prema ... Petitioner ..Vs..

M.Baskaran ...

Respondent Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the proceedings in H.M.O.P.No.197 of 2021, pending on the file of the Sub- Court at Ranipet, Vellore District and transfer the same to the Family Court, Chennai. For Petitioner : Mr.R.Parthasarathy For Respondent : Mr.E.Kannadasan

O R D E R

This petition is filed to withdraw the proceedings in H.M.O.P.No.197 of 2021, pending on the file of the Sub Court at Ranipet, Vellore District and transfer the same to the Family Court, Chennai.

2.Heard the learned counsel for the petitioner as well as the learned counsel for the respondent 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 01.09.2008 as per Hindu Rites and Customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.M.O.P.No.197 of 2021, on the file of the Sub Court, Ranipet, Vellore District, 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.197 of 2021 pending on the file of Sub Court, Ranipet, Vellore District and transfer the same to the file of the learned Judge, Family Court, Chennai.

4. The petitioner has stated that she is staying with her aged parents and it is very difficult for her to travel from Chennai to Ranipet, Vellore District for attending the Court proceedings at Ranipet, Vellore District.

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 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. The petition in H.M.O.P.No.197 of 2021 filed by the Respondent is ordered to be withdrawn from the file of Sub Court, Ranipet, Vellore District and transferred to the file of the Family Court, Chennai. The learned Judge, Sub Court, Ranipet, Vellore District, is directed to transmit all the records pertaining to H.M.O.P.No.197 of 2021 to the file of the Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gsk To

1. The Sub Judge, Sub Court, Ranipet, Vellore District.

2. The Judge, Family Court, Chennai.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.36117 Tr.C.M.P.No.203 of 2022 and C.M.P.Nos.4144 & 4145 of 2022 BR[co] NSK/01/07/2022