Sangeetha vs Ramar

Sangeetha vs RAMAR

Type Court Judgment Court Chennai Orders Decided Jan 31, 2025

~2 min read

https://sooperkanoon.com/case/1707104

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1707104
Court: Chennai Orders High Court
Judge: Honourable Mr Justice V. Lakshminarayanan
Decided On: Jan 31, 2025
Case Number: TR CMP/22/2024

Parties & Advocates

Appellant / Petitioner

Sangeetha

Respondent

RAMAR

Excerpt

.....pleading that she is residing in salem and unable to travel from salem to perambalur, the wife has moved this transfer petition.5. the parliament, while amending the hindu marriage act, has incorporated section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. this is an indication to the court that theconvenience of the wife has to be given precedence by the court. in line with this parliamentary amendment, this court and the supreme court have consistently held in matters of transfer, the convenience of the wife should be given a superior consideration than that of the husband. as the distance between salem and perambalur is considerable, i am inclined to accept the transfer.6. accordingly, h.m.o.p.no.221 of 2023 is withdrawn from the file of the family court at perambalur and transferred to the file of the sub court at attur. 7.with the above observations, the transfer petition is ordered. no costs. consequently, connected miscellaneous petition is closed. nl index : yes/nospeaking order/non speaking orderneutral citation : yes/nov. lakshminarayanan, j.nl to 1.the subordinate judge, sub court, attur 2.the family judge, family court at perambalur

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2025
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Tr CMP.No.22 of 2024 & CMP.No.720 of 2024 Sangeetha : Petitioner
versus
Ramar : Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the HMOP.No.221 of 2023 on the file of the Family Court, Perambalur to Sub Court, Attur. For Petitioner : Ms.R.Poornima For Respondent : No appearance

ORDER

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.221 of 2023 from the file of the Family Court at Perambalur and transfer the same to the file of the Sub Court in Attur.

2. I heard Ms.R.Poornima for the petitioner. I have gone through the affidavit.

3. Though notice has been served on the respondent and his name is

printed in the cause list, there is no representation for him either in person or through counsel. Since the service has been completed, I took up the transfer petition for disposal.

4. The petitioner married the respondent on 10.09.2021. Due to

disputes and differences, the parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.221 of 2023 for divorce before the learned Family Judge at Perambalur. Pleading that she is residing in Salem and unable to travel from Salem to Perambalur, the wife has moved this transfer petition.

5. The Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication to the Court that the

convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, the convenience of the wife should be given a superior consideration than that of the husband. As the distance between Salem and Perambalur is considerable, I am inclined to accept the transfer.

6. Accordingly, H.M.O.P.No.221 of 2023 is withdrawn from the file of the Family Court at Perambalur and transferred to the file of the Sub Court at Attur. 7.With the above observations, the Transfer Petition is ordered. No costs. Consequently, connected miscellaneous petition is closed. nl Index : Yes/No

Speaking Order/Non speaking order

Neutral Citation : Yes/No

V. LAKSHMINARAYANAN, J.

nl To 1.The Subordinate Judge, Sub Court, Attur 2.The Family Judge, Family Court at Perambalur

Same Court & Year Chennai Orders · 2025 Same Parties Sangeetha vs RAMAR Same Judge Honourable Mr Justice V. Lakshminarayanan