Wife sought transfer of husband's nullity petition from Sub Court, Panruti to Family Court, Cuddalore, citing pregnancy, lack of income and parental care. Trial court dismissed citing equal travel distance. Madras High Court allowed the revision, prioritising the wife's convenience and ordering joint trial with her restitution petition.
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2024:MHC:4025
C.R.P.No.140 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2024
CORAM
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
CRP NO.140 OF 2023 AND CMP NO.1176 OF 2023
A.Aparna
... Petitioner / Petitioner
Vs.
N.Vinoth Kumar
... Respondent / Respondent
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order dated October 15, 2022 made in Tr.O.P.No.131 of 2021 on the file of the Principal District Court, Cuddalore.
For Petitioner : Mr.V.Balamurugan For Respondent : Mr.K.Prakash
O R D E R
Aggrieved by the Order dated October 15, 2022 passed by
‘Principal District Court, Cuddalore’ ['Trial Court' for short] in Tr.O.P.No.131 of 2021, the petitioner therein / wife has preferred this Civil Revision Petition under Article 227 of the Constitution of India. The
respondent herein is the husband of the Civil Revision Petitioner.
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C.R.P.No.140 of 2023
2. The respondent herein / husband had filed H.M.O.P.No.59
of 2021 on the file of Sub Court, Punroti under Section 12(1) (a) & (c) of ‘Hindu Marriage Act, 1955’ [‘H.M. Act’ for short] praying to declare the marriage between the parties held on March 31, 2021 as null and void.
3. The petitioner herein / wife, vide the said Tr.O.P.No.131 of 2021, sought to transfer the said H.M.O.P No.59 of 2021 to the file of Family Court, Cuddalore on the ground that she was seven months pregnant; that she was taking treatment at Cuddalore Government Hospital; that her age old parents are under her care and custody; that she has no permanent income; that she is unable to afford the travel to Trial Court.
4. The respondent herein / husband filed counter stating that at the time of filing Tr.O.P.No.131 of 2021, the petitioner herein / wife was pregnant but now she has begotten a child and both are hale and healthy; that the travel distance to the Trial Court and that to the Family Court, Cuddalore, from petitioner herein / wife’s residence is the same. Accordingly, he prayed to dismiss the Tr.O.P.No.131 of 2021.
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C.R.P.No.140 of 2023
5. The Trial Court upon hearing either side and perusing the records, concluded that the travel distance to the Trial Court and to the Family Court, Cuddalore is more or less the same from the petitioner’s residence and accordingly dismissed Tr.O.P.No.131 of 2021.
6. Post the dismissal, the subsequent development is that the petitioner herein / wife filed H.M.O.P. No.401 of 2022 seeking restitution of conjugal rights under Section 9 of H.M. Act before Family Court, Cuddalore.
7. Learned Counsels on either side reiterated the averments made in their respective pleadings before the Trial Court.
8. Considering the facts and circumstances of the case as well
as the subsequent development of filing of H.M.O.P.No.401 of 2022, bearing in mind the fact that wife’s convenience is to be prioritized in such cases [See N.C.V. AISHWARYA -vs- A.S. SARAVANA KARTHIK SHA , reported in 2022 Live Law (SC) 627 ], this Court is of the view that this Civil Revision Petition shall be allowed, the Order passed in Tr.O.P.No.131 of 2021 shall be set aside and H.M.O.P. No.59 of 2021 shall
be transferred to the file of Family Court, Cuddalore.
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C.R.P.No.140 of 2023
9. Considering the facts and circumstances of the case, on receipt of the case files, the Family Court, Cuddalore shall try both the Hindu Marriage Original Petitions jointly and dispose of the matter as expeditiously as possible. Further, the Family Court, Cuddalore shall not insist on the appearance of the respondent herein / husband except on effective hearing dates, that means, he shall not be directed to appear before commencement of trial.
10. Resultantly, the Civil Revision Petition is allowed. H.M.O.P. No.59 of 2021 shall be withdrawn from the Trial Court and be transferred to the Family Court, Cuddalore for joint trial with H.M.O.P. No.401 of 2022. Considering the facts and circumstances of this case, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed.
03.12.2024
Index : Yes Speaking Order : Yes Neutral Citation : Yes TK
To
The Principal District Court Cuddalore.
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C.R.P.No.140 of 2023
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C.R.P.No.140 of 2023
R.SAKTHIVEL, J.
TK
CRP NO.140 OF 2023
03.12.2024
Page No.6 of 6
1 issue framed by the court
Whether the husband's nullity petition under Section 12(1)(a)&(c) Hindu Marriage Act should be transferred to Family Court, Cuddalore for the wife's convenience and joint trial with her restitution pe
Colour shows how this judgement treated each authority
N.C.V. Aishwarya vs A.S. Saravana Karthik ShaRelied on¶8
2022 Live Law (SC) 627
3 provisions across 2 enactments
A.Aparna
N.Vinoth Kumar
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
