Krishnaveni v. G. Chandramohan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2018
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.No.105 of 2018 and C.M.P.No.3045 of 2018 Krishnaveni ... Petitioner Vs.
G.Chandramohan ... Respondent PRAYER: Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.116 of 2017 pending on the file of the Sub Court, Palani and transfer the same to the file of the Sub Court, Poonamallee to be tried along with H.M.O.P.No.595 of 2016. For Petitioner : Ms.B.S.Ajeetha For Respondent : No Appearance
O R D E R
This petition is filed to withdraw H.M.O.P.No.116 of 2017 on the file of the Sub Court, Palani and transfer the same to the file of the Sub Court, Poonamallee to be tried along with H.M.O.P.No.595 of 2016.
2.The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 22.10.2007 as per Hindu rites and customs. According to the petitioner, she is residing at Avadi, Chennai. She has filed H.M.O.P.No.595 of 2016 before the Sub Court, Poonamallee against the respondent for dissolution of marriage. On receipt of summons, the respondent has filed H.M.O.P.No.116 of 2017 on the file of the Sub Court, Palani for restitution of conjugal rights. 3.The learned counsel appearing for the petitioner contended that after filing Transfer Civil Miscellaneous Petition, in the H.M.O.P.No.595 of 2016 filed by the petitioner, a decree of divorce was granted on 28.04.2018. Now due to the fact that the petitioner is residing at Avadi, Chennai and the distance between Avadi and Palani is more than 300 kms, it will be difficult for the petitioner to travel to Palani to attend each and every hearing before Sub Court, Palani. The respondent has filed the said H.M.O.P only to harass the petitioner. In the https://hcservices.ecourts.gov.in/hcservices/
circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.116 of 2017 pending on the file of the Sub Court, Palani to the file of the Sub Court, Poonamallee.
4.Heard the learned counsel for the petitioner and perused the materials available on record. Though notice has been served on the respondent and his name is printed in the cause list, there is no representation for him either in person or through counsel.
5.Considering the contention of the learned counsel for the petitioner, the difficulties expressed by the petitioner to travel to Palani to conduct the case filed by the respondent and well settled judicial pronouncement of the Hon'ble Supreme Court 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], the convenience of the wife must be given preference in the matrimonial proceedings. Further, as per the provisions of the Hindu Marriage Act, place of residence of wife must be taken into account.
6.Accordingly, the Transfer Civil Miscellaneous Petition is ordered. The petition in H.M.O.P.No.116 of 2017 is ordered to be withdrawn from the file of the Sub Court, Palani and transferred to the file of the Sub Court, Poonamallee. The learned Subordinate Judge, Palani is directed to transmit all the records pertaining to H.M.O.P.No.116 of 2017 to the file of the Sub Court, Poonamallee 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.
s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar LPP/gsa To 1.The Subordinate Judge, Palani.
2.The Subordinate Judge, Poonamallee.
Tr.C.M.P.No.105 of 2018 and C.M.P.No.3045 of 2018 SSI(CO) SP(16/07/2018) https://hcservices.ecourts.gov.in/hcservices/