Sarala v. Sathish Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA Tr.C.M.P.No.381 of 2022 and C.M.P.No.7319 of 2022 Sarala ... Petitioner Vs Sathish Kumar ... Respondent Prayer:- Petition is filed under Section 24 of C.P.C., pleased to withdraw the case in H.M.O.P.No.10 of 2020 before the Sub Court at Panruti, Cuddalore District and transfer to the Sub Court at Gingee, Villupuram District.

For Petitioner : Mr.V.R.Appaswamee For Respondent : No Appearance

O R D E R

This Petition has been filed to withdraw H.M.O.P.No.10 of 2020 on the file of the Sub Court at Panruti, Cuddalore District and transfer it to the Sub Court at Gingee, Villupuram District. 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 15.06.2016 as per Hindu Rites and Customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.M.O.P.No.10 of 2020, on the file of the Sub Court, Panruti, Cuddalore District, 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.10 of 2020 pending on the file of the Sub Court, Panruti, Cuddalore District and transfer the same to the file of the Sub Court, Gingee, Villupuram.

4. The petitioner has stated that now she is residing with her aged parents along with her girl child and it is very difficult for her to travel from Gingee, Villupuram District to Cuddalore, for attending the Court proceedings at Cuddalore.

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.10 of 2020 filed by the Respondent is ordered to be withdrawn from the file of Sub Court, Panruti, Cuddalore District and transferred to the file of Sub Court, Gingee, Villupuram District. The learned Judge, Sub Court, Panruti, Cuddalore District, is directed to transmit all the records pertaining to H.M.O.P.No.10 of 2020 to the file of the Sub Court, Gingee, Villupuram District, 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-V) //True Copy// Sub Assistant Registrar rgi To 1.The Judge, Sub Court, Panruti, Cuddalore District. 2.The Judge, Sub Court, Gingee, Villupuram District. Tr.C.M.P.No.381 of 2022 and C.M.P.No.7319 of 2022 RLD(CO) SB(18/07/2022)