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Madras High CourtTR CMP/289/2022allowed

Sowmiya v. M.Manojkumar

2022-06-17Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA Tr.C.M.P. No.289 of 2022 and C.M.P.No.5808 of 2022 Sowmiya ... Petitioner ..Vs..

Manojkumar ... Respondent Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.175 of 2021 pending on the file of the Sub Court, Theni and transfer the same to the Sub Court, Pollachi to be tried along with H.M.O.P.No.276 of 2021.

For Petitioner : Mr.M.Vijayaraghavan For Respondent : No appearance

O R D E R

This petition is filed to withdraw H.M.O.P.No.175 of 2021 pending on the file of the Sub Court, Theni and transfer the same to the Sub Court, Pollachi to be tried along with H.M.O.P.No.276 of 2021.

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 10.12.2020 as per Hindu rites and customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.M.O.P.No.175 of 2021 on the file of the Sub Court, Theni, 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.175 of 2021 on the file of the Sub Court, Theni and transfer the same to the file of the learned Judge, Sub Court, Pollachi to be tried along with H.M.O.P.No.276 of 2021, which is filed by the petitioner / wife. https://hcservices.ecourts.gov.in/hcservices/

4. The petitioner has stated that she is staying with her aged parents and it is very difficult for her to travel from Pollachi to Theni for attending the Court proceedings at Theni.

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.175 of 2021 filed by the Respondent is ordered to be withdrawn from the file of Sub Court, Theni and transferred to the file of the Sub Court, Pollachi to be tried along with H.M.O.P.No.276 of 2021, which is filed by the petitioner/wife. The learned Judge, Sub Court, Theni, is directed to transmit all the records pertaining to H.M.O.P.No.175 of 2022 to the file of the Sub Court, Pollachi, 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-III) //True copy// Sub Assistant Registrar vkr To 1.The Judge, Sub Court, Pollachi.

2.The Judge, Sub Court, Theni.

+1cc to Mr.M.Vijayaraghavan, Advocate SR.No.36689 Tr.C.M.P. No.289 of 2022 and C.M.P.No.5808 of 2022 SKM(CO) GMY(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/