Madras High Court
H. Priyanka vs P. Ravi Shankar on 10 August, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
Tr.C.M.P.No.230 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.230 of 2022 and
C.M.P.No.4699 of 2022
H. Priyanka ... Petitioner
..Vs..
P. Ravi Shankar ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw and
transfer this petition H.M.O.P.No.108 of 2020, from the file of the
learned Sub Court Judge at Arani to the III Family Court, Chennai.
For Petitioner : Mr.A.T.John Victor
For Respondent : Mr.A.Joy Kumar Gnanam
ORDER
This petition is filed to withdraw the proceedings in H.M.O.P.No.108 of 2020 pending on the file of the Sub Court, Arani and 1/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.230 of 2022 transfer the same to the file of the III Family Court, Chennai.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.
3. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 12.02.2016 as per Hindu Rites and Customs. Since the relationship between the couple went bitter, the Respondent/Husband filed H.M.O.P.No.108 of 2020, on the file of the Sub Court, Arani, against the petitioner seeking divorce. Now, the petitioner herein who is the wife has preferred the present petition to withdraw H.M.O.P.No.108 of 2020 pending on the file of Sub Court, Arani and transfer the same to the file of the learned III Family Court, Chennai.
4. The learned counsel for the petitioner submitted that the petitioner has migrated to Chennai and started working in Chennai itself 2/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.230 of 2022 and hence she finds difficult to travel from Chennai to Arani for each and every hearing to attend the Court proceedings at Arani. Since she is not able to meet out the travelling expenses, she has filed this petition to transfer the proceedings pending in H.M.O.P.No.108 of 2020 on the file of the Sub Court, Arani to the file of the III Family Court, Chennai.
5. The learned counsel for the respondent/husband submitted that the petitioner has got her permanent address at Arani and the address shown in the cause title is a temporary address; she has not produced any proof of address; the address mentioned in the Aadhar card and the petition filed for divorce would also show that the petitioner's address is at Arani.
6. The petitioner has stated that she has been migrated from Arani to Chennai and started to work in Chennai itself. The revision petitioner has filed a petition for maintenance before the III Family Court, Chennai in M.C.No.572 of 2019, in which she has stated that she is residing at 3/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.230 of 2022 No.19/101, Padi Kuppam Road, Gandhi Nagar, Chennai 600 040. In the said petition an order has also been passed on 04.03.2021 after hearing both parties. Since the respondent had participated in the maintenance proceedings which was conducted at Chennai he is aware that the petitioner got shifted to Chennai from Arani. In that case it would not be possible for her to travel from Chennai to Arani for each and every hearing by bearing the travel expenses and other costs of litigation. 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].
7. In view of the above stated reason the Transfer Civil Miscellaneous Petition is allowed. The petition in H.M.O.P.No.108 of 2020 filed by the Respondent is ordered to be withdrawn from the file of Sub Court, Arani 4/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.230 of 2022 and transferred to the file of the III Family Court, Chennai. The learned Sub Judge, Arani is directed to transmit all the records pertaining to H.M.O.P.No.108 of 2020 to the file of the III Family Court, Chennai, 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.
10.08.2022 Index:Yes/No Speaking Order:Yes/No dpq To
1.The Sub Court, Arani.
2.The III Family Court, Chenai.
5/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.230 of 2022 R.N.MANJULA,J.
dpq Tr.C.M.P. No.230 of 2022 and C.M.P.No.4699 of 2022 10.08.2022 6/6 https://www.mhc.tn.gov.in/judis