V.Krishnaveni v. M.Arumugavel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2018
CORAM
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Tr.C.M.P.No.797 of 2018 and C.M.P.No.19675 of 2018 V.Krishnaveni ..Petitioner versus M.Arumugavel ..Respondent Prayer: Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.48 of 2018 pending on the file of the Principal Sub Court, Tenkasi and transfer the same to the Sub Court, Poonamallee or any other competent Court. For Petitioner :
Mr.T.V.G.Kartheeban For Respondent :
No Appearance
O R D E R
This Transfer Civil Miscellaneous Petition has been filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.48 of 2018 pending on the file of the Principal Sub Court, Tenkasi and transfer the same to the Sub Court, Poonamallee.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 21.10.2009 at Tenkasi Porunthinindra Perumal Temple, as per Hindu rites and customs. After the marriage, both the petitioner and respondent were lived together in the matrimonial home at Tenkasi. Due to the wedlock, the petitioner gave birth to one female child in the year of 2010 and the said child was died in the year of 2011 due to ill health. Subsequently, the petitioner gave birth to second male child in the year of 2012. As of now, the said child was affected by Hortizen disease and at present, the said child is with the petitioner. After giving birth to the second child, due to the
harassment made by the in-laws of the petitioner, she left the matrimonial home and residing along with her parents at Chennai. Further, the petitioner moved to Chennai for the reason of giving necessary treatment to his son.
3. In the meanwhile, the respondent has filed a petition against the petitioner before the Principal Sub Court, Tenkasi, for the relief of annulling the marriage happened between them on 21.10.2009. As of now, the said petition is pending before the Principal Sub Court, Tenkasi as H.M.O.P.No.48 of 2018.
4. According to the petitioner, she is residing at Chennai along with her parents. The distance between her residence and Tenkasi is about 600 kms and being a lady, it is very difficult for her to attend the Court proceedings at Tenkasi along with the child, who was affected by Hortizen disease. Further, she is not having any independent income and she is depending on her parents for her day-to-day expenses and travelling expenses. In the said circumstances, the petitioner has come out with the present Transfer Civil Miscellaneous Petition for the relief stated earlier in the first paragraph of this order.
5. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
6. Though notice was served on the respondent as early as on 19.11.2018 and his name is printed in the cause list, there is no representation on behalf of him either in person or through counsel.
7. In the said circumstances, in order to deny the averments made in the affidavit filed by the petitioner, the respondent has not turned up. As per the affidavit filed by the petitioner, as of now, she is residing with her parents at Chennai. Further, in the affidavit filed by the petitioner she has specifically stated that, she is residing at Chennai with her parents, being a lady, it is very difficult for her to attend the Court proceedings at Tenkasi.
8.It is well settled law that whenever, the transfer petition is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by our Honourable Apex Court in the judgments in Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta reported in 2008 (9) SCC 353 and in Sumita Singh Vs. Kumar Sanjay and another reported in AIR 2002 SC 396.
9.
9. Apart from that, for raising objection in respect to the allegations levelled by the petitioner against the respondent, he has not appeared before this Court, further as per the provisions of the Hindu Marriage Act, place of residence of wife must be taken into account for considering the issue involved in these type of petitions. So, considering the various parameters laid already by the Hon'ble Apex Court as well as by this Court, this Court came to the conclusion that allowing the petition is the proper remedy for leading their cases by the petitioner and respondent.
10. In the result, the Transfer Civil Miscellaneous Petition is ordered. The petition in H.M.O.P.No.48 of 2018 is ordered to be withdrawn from the file of the Principal Sub Court, Tenkasi and transferred to the file of the Sub Court, Poonamallee. The Principal Subordinate Judge, Tenkasi, is directed to transmit all the records pertaining to H.M.O.P.No.48 of 2018 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. On receipt of records, the learned Subordinate Judge, Poonamallee, is directed to dispose of the case as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sri To 1.The Principal Subordinate Judge, Tenkasi.
2.The Subordinate Judge, Poonamallee.
+1cc to Mr.T.V.G.Kartheeban, Advocate, S.R.No.88464 Tr.C.M.P.No.797 of 2018 and C.M.P.No.19675 of 2018 SSI(CO) GSP(22/01/2019)