Mahalakshmi v. Gobinath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA TR.C.M.P.NO.302 OF 2022 AND C.M.P.NO.6167 OF 2022 Mahalakshmi ... Petitioner/Respondent .Vs.

Gobinath ... Respondent/Petitioner PRAYER:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.84 of 2021 from the file of the learned Subordinate Judge, Dharapuram and transfer the same to the file of the learned Principal Subordinate Judge, Palani. For Petitioner : Mr.S.Venkatesh For Respondent : No appearance

O R D E R

This petition has been preferred to withdraw H.M.O.P.No.84 of 2021 pending on the file of the Subordinate Court, Dharapuram and transfer the same to the file of the Principal Subordinate Court, Palani.

2. Heard the learned counsel for the petitioner and perused the materials available on record. 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 08.06.2017 as per Hindu rites and customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.M.O.P.No.84 of 2021 on the file of the Subordinate Court, Dharapuram 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.84 of 2021 pending on the file of the Subordinate Court, Dharapuram and transfer the same to the file of the Principal Subordinate Court, Palani.

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

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.84 of 2021 filed by the Respondent is ordered to be withdrawn from the file of the Subordinate Court, Dharapuram and transferred to the file of the Principal Subordinate Court, Palani. The learned Judge, Subordinate Court, Dharapuram is directed to transmit all the records pertaining to H.M.O.P.No.84 of 2021 to the file of the Principal Subordinate Court, Palani, 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 VIII) //True Copy// Sub Assistant Registrar ms

To 1.

The Judge, Subordinate Court, Dharapuram.

2.

The Principal Subordinate Judge, Principal Subordinate Court, Palani.

TR.C.M.P.NO.302 OF 2022 AND C.M.P.NO.6167 OF 2022 SSN(CO) PBS/11/07/2022