S.Sathiyapriya v. C.Balamurugan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022 CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA TR.C.M.P. NO.265 OF 2022 AND C.M.P.NO.5215 OF 2022 S.Sathiyapriya ... Petitioner ..Vs..
C.Balamurugan ... Respondent Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.197 of 2021 pending on the file of the Sub Court, Kancheepuram and transfer the same to the Sub Court, Pattukottai.
For Petitioner : Mr.M.Santhanaraman For Respondent : No appearance
O R D E R
This petition is filed to withdraw H.M.O.P.No.197 of 2021 pending on the file of the Sub Court, Kancheepuram and transfer the same to the Sub Court, Pattukottai.
2.Heard the learned counsel for the petitioner and perused the materials available on record. The respondent, though served, has not entered appearance either in person or through counsel.
3.The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 10.02.2014 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, Kancheepuram, 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 on the file of the Sub Court, Kancheepuram and transfer the same to the file of the learned Judge, Sub Court, Pattukottai.
4. The petitioner has stated that she is staying with her school going children and aged parents and it is very difficult for her to travel from Pattukottai to Kancheepuram for attending the Court proceedings at Kancheepuram.
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. The petition in H.M.O.P.No.197 of 2021 filed by the Respondent is ordered to be withdrawn from the file of Su Court, Kancheepuram and transferred to the file of the Sub Court, Pattukottai. The learned Judge, Sub Court, Kancheepuram, is directed to transmit all the records pertaining to H.M.O.P.No.197 of 2021 to the file of the Sub Court, Pattukottai, 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.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vkr To 1.The Subordinate Judge, Kancheepuram.
2. The Subordinate Judge, Pattukottai.
Copy To The Section Officer, VR Section, High Court, Madras.
+1cc to Mr.M.Santhanaraman, Advocate, S.R.No.38769 +1cc to Mr.R.Thanjan, Advocate, S.R.No.38878 Tr.C.M.P. No.265 of 2022 and C.M.P.No.5215 of 2022 MG(CO) PM/07/07/2022