A.Thivyabharathi v. V.P. Arunkarthik

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/Respondent ..Vs..

V.P.Arunkarthik ... Respondent/Petitioner 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

O R D E R

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 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 SubCourt, 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.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar dsa To 1.The Subordinate Judge, Perundurai.

2.The Judge, The Family Court, Karur.

+1cc to Mr.S.Kaithamalai Kumaran, Advocate, S.R.No.54406 Tr.C.M.P. No.308 of 2022 VG-II(CO) SB(06/07/2022) https://hcservices.ecourts.gov.in/hcservices/