move, the respondent prevailed upon her and arranged for her return ticket and sent the petitioner to Chennai on 21.4.2019. When the petitioner came back to Chidambaram on the same day, the respondent did not call the petitioner. After sometime, she received a notice in the H.M.O.P.No.512 of 2020 filed by her husband seeking for dissolution of marriage on the ground of cruelty before the Family Court, Tuticorin. Mr.A.Muthukumar, learned counsel appearing for the petitioner, referring to Section 19 of the Hindu Marriage Act, pleaded that when there was no cause of action arisen at Tuticorin, the petition for dissolution of marriage should not have been filed at Tuticorin, when the marriage was admittedly solemnized at Chidambaram. When Section 19(iii) also says that the petition can be filed in the Court within the local limits of whose civil jurisdiction the parties to the marriage last resided together and that the parties resided only at Chidambaram on the date of presentation of the petition, the petition for divorce ought not to have been filed before the Family Court at Tuticorin, which has no jurisdiction and hence the H.M.O.P.No.512 of 2020 should be transferred only to the Sub Court at Chidambaram. Secondly, it was submitted that the distance between Chidambaram and Tuticorin is also about 500 Kms. As the petitioner is residing in Chidambaram, it will be unsafe for her to undertake a long journey. Thirdly, as the respondent is residing and working in Dubai, whether the case is pending in the Court at Tuticorin or Chidambaram, is not a matter for the respondent and he can appear before the Sub Court at Chidambaram.
