Madras High Court
M.Shantha Devi vs A.Arunan on 1 August, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
Tr.C.M.P.Nos.341 & 650 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. Nos.341 & 650 of 2022 and
C.M.P.No.6691 of 2022
M.Shantha Devi ... Petitioner in Tr.C.M.P.No.341 of 2022
A.Arunan ... Petitioner in Tr.C.M.P.No.650 of 2022
..Vs..
A.Arunan ... Respondent in Tr.C.M.P.No.341 of 2022
M.Shantha Devi ... Respondent in Tr.C.M.P.No.650 of 2022
Prayer in Tr.C.M.P.No.341 of 2022:- Petition is filed under Section 24 of
C.P.C., to withdraw the proceedings in H.M.O.P.No.28 of 2022, pending
on the file of the Subordinate Court, Arani and transfer the same to the
file of the Family Court, Villupuram to be tried along with
H.M.O.P.No.43 of 2022.
Prayer in Tr.C.M.P.No.650 of 2022:- Petition is filed under Section 24 of
C.P.C., to withdraw the proceedings in H.M.O.P.No.43 of 2022, pending
1/8
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.Nos.341 & 650 of 2022
on the file of the Family Court, Villupuram and transfer the same to the
file of the Sub Court, Arani.
In Tr.C.M.P.No.341 of 2022
For Petitioner : Mr.S.Rajendrakumar
For Respondent : Mr.B.Jawahar
In Tr.C.M.P.No.650 of 2022
For Petitioner : Mr.B.Jawahar
For Respondent : Mr.S.Rajendrakumar
COMMON ORDER
The petition in Tr.C.M.P.No.341 of 2022 is filed to withdraw the proceedings in H.M.O.P.No.28 of 2022, pending on the file of the Subordinate Court, Arani and transfer the same to the file of the Family Court, Villupuram to be tried along with H.M.O.P.No.43 of 2022.
The petition in Tr.C.M.P.No.650 of 2022 is filed to withdraw the proceedings in H.M.O.P.No.43 of 2022, pending on the file of the Family 2/8 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.341 & 650 of 2022 Court, Villupuram and transfer the same to the file of the Sub Court, Arani.
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 petitioners in both the transfer petitions are the parties to the original petition filed in H.M.O.P.No.28 of 2022 before the Subordinate Court, Arani, which is filed by the husband for dissolution of marriage. The wife has also filed another H.M.O.P.No.43 of 2022 before the Family Court, Villupuram for restitution of conjugal rights.
4.Now, the wife has filed the transfer petition in Tr.C.M.P.No.341 of 2022 to withdraw the proceedings filed by the husband in H.M.O.P.No.28 of 2022 pending on the file of the Subordinate Court, Arani and transfer the same to the file of the Family Court, Villupuram. On the other hand, the husband has also filed another transfer petition in 3/8 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.341 & 650 of 2022 Tr.C.M.P.No.650 of 2022 for withdrawing the proceedings filed by the wife in H.M.O.P.No.43 of 2022 pending on the file of the Family Court, Villupuram and transfer the same to the file of the Subordinate Court, Arani.
5.The wife has stated that she finds it very difficult to travel from Villupuram to Arani to attend the Court proceedings at Arani and she also apprehends threat at the hands of her husband's family at Arani and hence, the proceedings in H.M.O.P.No.28 of 2022 should be transferred to the Family Court Villupuram to be tried along with H.M.O.P.No.43 of 2022.
6.The learned counsel for the husband submitted that even in the transfer petition filed by the wife has stated that her husband is now working in Cheyyar; he further submitted that it may not be possible for him to travel to Villupuram. Since the proceedings before the Family Court, Villupuram requires attendance of the parties, it is very difficult 4/8 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.341 & 650 of 2022 make his presence for each and every hearings.
7.Since both the parties have filed petitions seeking transfer of the proceedings before the respective places, the balance of convenient has to be waived in terms of economic conditions and other circumstances of the parties. The petitioner in Tr.C.M.P.No.341 of 2022 is the wife who is living with her parents after separating from the husband. She is also depending on her parents and it is natural that she may not have financial capability to meet over the travelling expenses. Even though, the proceedings before the Family Court required the attendance of the parties, the parties are at liberty to file petitions seeking leave of the Court to appear through counsel whenever the attendance of the parties is dispensed with.
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 5/8 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.341 & 650 of 2022 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]. In fact 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 reasons, I feel that the prayer of the petitioner in Tr.C.M.P.No.341 of 2022 should be considered favourably.
9.Accordingly, Tr.C.M.P.No.341 of 2022 is allowed and Tr.C.M.P.No.650 of 2022 is dismissed. The proceedings in H.M.O.P.No.28 of 2022 filed by the husband is ordered to be withdrawn from the file of the Subordinate Court, Arani and transferred to the file of the Family Court, Villupuram to be tried along with H.M.O.P.No.43 of 2022. The learned Judge, Subordinate Court, Arani is directed to transmit 6/8 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.341 & 650 of 2022 all the records pertaining to H.M.O.P.No.28 of 2022 to the file of the Family Court, Villupuram 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.
01.08.2022 Index:Yes/No Speaking Order:Yes/No vkr To
1.The Judge, Family Court, Villupuram.
2.The Judge, Subordinate Court, Arani.
7/8 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.341 & 650 of 2022 R.N.MANJULA,J.
vkr Tr.C.M.P. Nos.341 & 650 of 2022 and C.M.P.No.6691 of 2022 01.08.2022 8/8 https://www.mhc.tn.gov.in/judis