S.Vaishali v. G.Satheeshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA TR.C.M.P.NO.448 OF 2022 AND C.M.P.NO.8160 OF 2022 S.Vaishali ... Petitioner Vs.

G.Satheeshkumar ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw HMOP No.2 of 2021 pending on the file of the Sub Court, Thirumangalam and transfer the same to be tried along with H.M.O.P.No.15 of 2022 on the file of Sub Court, Udumalpet. For Petitioner :

Mr.J.Pothiraj For Respondent :

No Appearance

O R D E R

This petition has been preferred to withdraw H.M.O.P.No.2 of 2021 pending on the file of the Sub Court, Thirumangalam and transfer the same to the file of the Sub Court, Udumalpet to be tried along with H.M.O.P.No.15 of 2022, which is filed by the petitioner / wife.

2. Heard the learned counsel for the petitioner and perused the materials available on record. Though notice was served on the respondent and his name is 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 23.11.2015 as per Hindu rites and rituals. Since the relationship between the couple went bitter, the Respondent/Husband filed H.M.O.P.No.2 of 2021 on the file of the

Sub Court, Thirumangalam, 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.2 of 2021 pending on the file of the Sub Court, Thirumangalam and transfer the same to the file of the Sub Court, Udumalpet to be tried along with H.M.O.P.No.15 of 2022, which is filed by the petitioner / wife.

4. The petitioner has stated that she is staying with her aged parents along with her minor child and it is very difficult for her to travel along with her minor child from Udumalpet to Thirumangalam for attending the Court proceedings at Thirumangalam.

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]. In fact 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.2 of 2021 filed by the respondent/husband is ordered to be withdrawn from the file of the Sub Court, Thirumangalam and transferred to the file of the Sub Court, Udumalpet to be tried along with H.M.O.P.No.15 of 2022, which is filed by the petitioner / wife. The learned Judge, Sub Court, Thirumangalam is directed to transmit all the records pertaining to H.M.O.P.No.2 of 2021 to the file of the Sub Court, Udumalpet, 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 ms

To 1.

The Subordinate Judge, Sub Court, Thirumangalam.

2.

The Subordinate Judge, Sub Court, Udumalpet.

+1cc to Mr.J.Pothiraj, Advocate, S.R.No.38045 Tr.C.M.P.No.448 of 2022 and C.M.P.No.8160 of 2022 SMI(CO) RLP(08/07/2022)