S.Poornima v. N.Senthil

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.328 OF 2022 AND C.M.P.NO.6585 OF 2022 S.Poornima

...Petitioner

Vs N.Senthil

...Respondent

Prayer : Petition is filed under Section 24 of C.P.C., to transfer HMOP.No.149 of 2021 on the file of learned Sub-Judge at Harur to Sub Court, Bhavani.

For Petitioner :

Mr.B.Mohan For Respondent :

No appearance

O R D E R

This petition is filed to withdraw HMOP.No.149 of 2021 pending on the file of the Sub-Court, Harur and transfer the same to the file of the Sub-Court, Bhavani.

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 the respondent was solemnized on 10.07.2013 as per Hindu rites and customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.M.O.P.No.149 of 2021 on the file of the Sub-Court, Harur, 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.149 of 2021 pending on the file of the Sub-Court, Harur and transfer the same to the file of Sub-Court, Bhavani.

4. The petitioner has stated that she is staying with her aged parents and it is very difficult for her to travel from https://hcservices.ecourts.gov.in/hcservices/

Bhavani to Harur covering a distance of 125 Kms for attending the Court proceedings at Harur.

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.149/2021 filed by the Respondent is ordered to be withdrawn from the file of SubCourt, Harur and transferred to the file of the Sub-Court, Bhavani. The learned Subordinate Judge, Harur is directed to transmit all the records pertaining to H.M.O.P.No.149/2021 to the file of the Sub-Court, Bhavani, 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 dsa To 1.The Subordinate Judge, Harur.

2.The Subordinate Judge, Bhavani.

+1cc to Mr.B.Mohan, Advocate Sr.No.42204 (04/07/2022) Tr.C.M.P. No.328 of 2022 RSV(CO) RVM(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/