M.Jayapriya v. J.Sakthisankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA Tr.C.M.P. No.258 of 2022 and C.M.P.No.5102 of 2022 M.Jayapriya ... Petitioner/Respondent ..Vs..

J.Sakthisankar ... Respondent/Petitioner Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the proceedings in H.M.O.P.No.34 of 2022, pending on the file of the Family Court, Dindigul and transfer the same V Additional Family Court, Chennai and try along with H.M.O.P.No.2964 of 2021.

For Petitioners : M/s.K.M.Vijayan Associates For Respondent : M/s.B.Girija

O R D E R

This petition is filed to withdraw the proceedings in H.M.O.P.No.34 of 2022, pending on the file of the Family Court, Dindigul and transfer the same V Additional Family Court, Chennai to be tried along with H.M.O.P.No.2964 of 2021. 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 25.06.2009 as per Hindu Rites and Customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.M.O.P.No.34 of 2022, on the file of the Family Court, Dindigul, 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.34 of 2022 pending on the file of Family Court, Dindigul and transfer the same to the V Additional Family Court, Chennai to be tried along with H.M.O.P.No.2964 of 2021, which is filed by the petitioner / wife.

4. The petitioner has stated that she is staying with her 10 years old girl child and it is very difficult for the petitioner to travel from Chennai to Dindigul, for attending the Court proceedings at Dindigul.

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.34 of 2022 filed by the Respondent is ordered to be withdrawn from the file of Family Court, Dindigul and transferred to the file of the V Additional Family Court, Chennai to be tried along with H.M.O.P.No.2964 of 2021, which is filed by the petitioner/wife. The learned Judge, Family Court, Dindigul, is directed to transmit all the records pertaining to H.M.O.P.No.34 of 2022 to the file of the V Additional 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 Petition is closed. Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar vkr To 1.The Judge, Family Court, Dindigul.

2.The Judge, V Additional Family Court, Chennai. +1cc to Mr.K.M.Vijayan Associates, Advocate SR.No.39925 Tr.C.M.P. No.258 of 2022 and C.M.P.No.5102 of 2022 MG(CO) GMY(13/07/2022)