Madras High Court
V.C.Gurupriya vs D.Venkatesh on 24 August, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
Tr.C.M.P.No.678 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.678 of 2022 and
C.M.P.No.11677 of 2022
V.C.Gurupriya ... Petitioner
..Vs..
D.Venkatesh ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in H.M.O.P.No.25 of 2021, pending on the file of the Subordinate
Court, Rasipuram and transfer the same to the file of the Family Court, Salem.
For Petitioner : Mr.M.R.Thangavel
For Respondent : Mr.T.L.Thirumalaisamy
ORDER
This petition is filed to withdraw the proceedings in H.M.O.P.No.25 of 2021, pending on the file of the Sub Court, Rasipuram and transfer the same to the file of the Family Court, Salem.
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2.Heard the learned counsel for the petitioner as well as the learned counsel for the respondent and perused the materials available on record.
3.The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and respondent was solemnized on 24.02.2019 as per Hindu Rites and Customs. Since, the relationship between the couples went bitter, the Respondent/Husband filed H.MO.P.No.25 of 2021, pending on the file of the Sub Court, Rasipuram against the petitioner seeking dissolution of marriage. Now, the petitioner herein, who is the wife has preferred the present petition to withdraw H.M.O.P.No.25 of 2021, pending on the file of the Sub Court, Rasipuram and transfer the same to the file of the Family Court, Salem.
4. The petitioner has stated that she and her minor daughter are staying with her aged parents and it is very difficult for the petitioner to travel from Salem to Rasipuram for attending the Court proceedings at Rasipuram.
5.Per contra, the learned counsel appearing for the respondent has 2/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.678 of 2022 objected that the trial has already commenced and the proceedings need not be transferred from the Sub Court, Rasipuram to the Family Court, Salem.
6.The learned counsel for the petitioner submitted that the petitioner filed proof affidavit and the cross examination of the petitioner is yet to commence.
7.Since the full fledged trial has not yet commenced, no prejudice will be caused if the case is transferred at this level.
8.It is needless to state that in matrimonial proceedings, preference should be given to the convenience of the wife. The said position has been settled in various Judgments of the Hon'ble Supreme Court and more particularly 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]. Infact as per the amended Section 19(iii-a) of the Hindu Marriage Act, 1955, the wife is guarded with the right to file proceedings in the place where she resides. The above amendment was brought with the object of facilitating the wife to participate in the matrimonial proceedings without any hardship. In view of the above 3/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.678 of 2022 reasons, I feel that the prayer of the petitioner should be considered favourably.
9.Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The petition in H.M.O.P.No.25 of 2021 filed by the Respondent is ordered to be withdrawn from the file of the Sub Court,Rasipuram and transferred to the file of the Family Court, Salem. The learned Sub Judge, Rasipuram is directed to transmit all the records pertaining to H.M.O.P.No.25 of 2021 to the file of the Family Court, Salem 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.
24.08.2022 Index:Yes/No Speaking Order:Yes/No vkr To
1.The Sub Judge, Rasipuram.
2.The Judge, Family Court, Rasipuram.
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