S.Alamelu @ Vasanthi v. N.Sivakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2019
CORAM
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Tr.C.M.P.No.841 of 2018 and C.M.P.No.20854 of 2018 S.Alamelu @ Vasanthi ..Petitioner versus N.Sivakumar ..Respondent Prayer: Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.114 of 2018 pending on the file of the Sub Court, Ponneri and transfer the same to the file of the Family Court, Vellore.
For Petitioner :
Mr.A.Gouthaman 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 the case i.e. H.M.O.P.No.114 of 2018 pending on the file of the Sub Court, Ponneri and transfer the same to the file of the Family Court, Vellore.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 25.04.2008 at Arulmigu Subramanisamy Temple, Vallimalai, Vellore District, as per Hindu rites and customs. After the marriage, both the petitioner and respondent were lived together in the matrimonial home at Chennai for a considerable period. After some time, from the date of marriage, difference of opinion arose between them, resultantly, the petitioner left the matrimonial home and residing along with her parents at Vellore.
3. After leaving the matrimonial home by the petitioner, the respondent has filed a petition before the Sub Court, Ponneri, under Section 13(1)I(a) of the Hindu Marriage Act, 1955, for annulling the marriage. As of now, the said petition is pending before the Sub Court, Ponneri, as H.M.O.P.No.114 of 2018.
4. After knowing the particulars of the above case, the petitioner has filed a petition against the respondent before the learned Judicial Magistrate No.IV, Vellore, under Section 125 of the Code of Criminal Procedure, for maintenance. The said petition is now pending before the learned Judicial Magistrate No.IV, Vellore as M.C.No.8 of 2018. Hence, 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. According to the petitioner, she is residing at Vellore along with her parents and the distance between her parents residence and Chennai is about 190 kilometers, being a lady, it is very difficult for her to attend the Court proceedings at Ponneri. Further, she is not having any independent income and she is depending on her parents for her day-to-day needs.
6. In respect to the respondent, he was served with Court notice as early as on 31.12.2018 and his name is printed in the cause list, thereafter till today, he has not appeared before this Court either in person or through counsel. It shows that the respondent is not having any objection in respect to this petition.
7. In the said circumstances, as per the affidavit filed by the petitioner, as of now, she is residing with her parents in Vellore without any independent income, she has specifically stated that, she is depending on her parents for her day-to-day needs. Further, being a lady, it is very difficult for her to attend the Court proceedings at Ponneri.
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. Apart from that, for raising objection in respect to the allegations levelled by the petitioner against the respondent, the respondent 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.
10. In the result, the Transfer Civil Miscellaneous Petition is ordered. The petition in H.M.O.P.No.114 of 2018 is ordered to be withdrawn from the file of the Sub Court, Ponneri and transferred to the file of the Sub Court, Vellore. The
Subordinate Judge, Ponneri, is directed to transmit all the records pertaining to H.M.O.P.No.114 of 2018 to the file of the Sub Court, Vellore, 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, Vellore, is directed to dispose of the case as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar sri To 1.The Subordinate Judge, Ponneri.
2.The Subordinate Judge, Vellore.
+1cc to Mr.A.Gouthaman, Advocate, S.R.No.5677 Tr.C.M.P.No.841 of 2018 and C.M.P.No.20854 of 2018 rrs 14/02/2019