S.Sasikala v. G.Sethuraman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2018 CORAM :
THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.312 of 2018 and C.M.P.No.7858 of 2018 S.Sasikala ... Petitioner Vs.
G.Sethuraman ... Respondent Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.540 of 2017 pending on the file of the Sub Court, Poonamallee and transfer the same to the file of the Family Court, Chengalpattu.
For Petitioner : Mr.P.Murali For Respondent : No appearance
O R D E R
This petition is filed to withdraw H.M.O.P.No.540 of 2017 pending on the file of the Sub Court, Poonamallee and transfer the same to the file of the Family Court, Chengalpattu. 2.The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 12.02.2014 as per Hindu rites and customs. After marriage, the respondent went abroad in the month of August 2014, at that time, the respondent's parents demanded dowry and tortured the petitioner and therefore, the petitioner left the matrimonial home. The respondent returned from abroad during February 2015 and both the petitioner and respondent were living together in the matrimonial home at Chennai. In the wedlock, a male child was born on 17.06.2016. After delivery, the respondent and his parents had harassed the petitioner by demanding dowry and thrown her out from the matrimonial home. The respondent filed H.M.O.P.No.540 of 2017 on the file of the Sub Court, Poonamallee for divorce against the petitioner.
3.According to the petitioner, she is residing at Thirukazhukundram along with her parents and minor child. The distance between Thirukazhukundram and Chennai is more than 70 kilometers. Hence, it will be very difficult for her to travel such a long distance to attend the Court proceedings for each and every hearing at Chennai along with her minor child. Further, she is not having any independent income to meet out the day-to-day expenses including travelling expenses. In the circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.540 of 2017 pending on the file of the Sub Court, Poonamallee, to the file of the Family Court, Chengalpattu.
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 the respondent either in person or through counsel.
5.Considering the above contention of the learned counsel for the petitioner 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.540 of 2017 is ordered to be withdrawn from the file of the Sub Court, Poonamallee and transferred to the file of the Family Court, Chengalpattu. The learned Subordinate Judge, Poonamallee, is directed to transmit all the records pertaining to H.M.O.P.No.540 of 2017 to the file of the Family Court, Chengalpattu, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the records, the learned Judge, Family Court, Chengalpattu, is directed to dispose of the case, as expeditiously as possible.
7.Accordingly, the Transfer Civil Miscellaneous Petition is ordered.No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar LPP/kj To 1.The Subordinate Judge, Poonamallee.
2.The Judge, Family Court, Chengalpattu.
+1cc to Mr.P.Murali, Advocate, S.R.No.36469 Tr.C.M.P. No.312 of 2018 and C.M.P.No.7858 of 2018 NMI(CO) BM 12/06/2018