K. Vijayalakshmi v. B. Praveen Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.425 of 2018 K.Vijayalakshmi ... Petitioner/Respondent Vs.

B.Praveen Kumar ... Respondent/Petitioner Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.112 of 2018 pending on the file of Sub Court, Kanchipuram and transfer the same to the file of Principal Sub Court, Tiruvannamalai.

For Petitioner : Mr.V.Prakashbabu For Respondent : Mr.G.Thangavel

O R D E R

This petition is filed to withdraw H.M.O.P.No.112 of 2018 pending on the file of Sub Court, Kanchipuram and transfer the same to the file of Principal Sub Court, Tiruvannamalai. 2.The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 03.02.2017 as per Hindu rites and customs. Due to torture and cruelty by the respondent and his family members, the petitioner left the matrimonial home. The respondent filed H.M.O.P.No.112 of 2018 on the file of Sub Court, Kanchipuram, for divorce against the petitioner.

3.According to the petitioner, she is residing along with her parents at Polur, Tiruvannamalai District. The distance between Polur and Kancheepuram is more than 110 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. The petitioner has also stated that there is a life threat made by the respondent. In the circumstances, the petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.112 of 2018 pending on the file of Sub Court, Kanchipuram to the file of Principal Sub Court, Tiruvannamalai.

4.The learned counsel for the respondent submitted that the petitioner had left the matrimonial home on her own and she has not taken any steps to file a petition for restitution of conjugal right. In the circumstances, the respondent filed H.M.O.P.No.112 of 2018 on the file of the Sub Court, Kanchipuram. Only to drag on the proceedings, the petitioner has come out with the present Tr.C.M.P. and prayed for dismissal of the transfer Civil Miscellaneous petition. 5.Heard the learned counsel for the petitioner as well as the respondent and perused the materials available on record. 6.Considering the above contention of the learned counsel for the petitioner as well as 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.

7.Accordingly, the Transfer Civil Miscellaneous Petition is ordered. The petition in H.M.O.P.No.112 of 2018 is ordered to be withdrawn from the file of Sub Court, Kanchipuram and transferred to the file of Principal Sub Court, Tiruvannamalai. The learned Subordinate Judge, Kanchipuram, is directed to transmit all the records pertaining to H.M.O.P.No.112 of 2018 to the file of the Principal Sub Court, Tiruvannamalai, within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Subordinate Judge, Kanchipuram.

2.The Principal Subordinate Judge, Tiruvannamalai.

+1cc to M/S.V.Prakash Babu, Advocate Sr.48614 +1cc to Mr.G.Thangavel, Advocate Sr.48328 Tr.C.M.P. No.425 of 2018 br[co] srg 6/9/2018