The Court allowed a transfer petition filed by the wife to move matrimonial proceedings from Thiruttani to Chennai. Citing the residence preference for wives under the Hindu Marriage Act and her financial inability to travel, the Court transferred the case.
H.M.O.P.No.84 of 2019 is directed to be transferred from Sub Court, Thiruttani to Family Court, Chennai.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2021 CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.43 of 2021 and C.M.P.No.1820 of 2021
Kaviya Gadi
.. Petitioner
vs.
P.Hariprasanth .. Respondent
PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.84 of 2019 from the file of the Hon'ble Subordinate Court, Thiruttani and transfer the same to the file of the Hon'ble Family Court at Chennai.
The petition for transfer is filed to transfer H.M.O.P.No.84 of 2019 from the Sub Court, Thiruttani to the Family Court, Chennai.
as far as the Matrimonial disputes are concerned and the principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled through the decisions 3 of the High Court of Madras, in the following cases:-
(i) The Hon'ble Division Bench of the High Court of Madras in W.A.No.1181 of 2009, dated 09.07.2010 has held as follows:''21. The domicile or citizenship of
the opposite party is immaterial in a case like this. In case the marriage was solemnized under Hindu Law marital relationship is governed by the provisions of the Hindu Marriage Act. Therefore, Section 19 has to be given a purposeful interpretation. It is the residence of the wife, which determines the question of jurisdiction, in case the proceeding was initiated at the instance of the wife.
(ii) In yet another case in TR.CMP.Nos.138 and 139 of 2006, dated 30.08.2006, the High Court of Madras has considered the following judgments:-
''16.In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.
petitioner's wife has pleaded lack of money, the same has to be considered.
In 2000 (9) SCC 355, the wife has filed a petition to transfer the proceedings initiated by the husband for divorce, at Bombay. The place of residence of the wife was at Jaipur, Rajasthan. In that case, the petitioner is having a small child and that she pleaded difficulty in going all the way from Jaipur to Bombay to contest the proceedings from time to time. Considering the distance and the difficulties faced by the wife, the Supreme Court has allowed the transfer petition.
In a decision reported in 2005 (12) SCC 395, the wife has sought for transfer of matrimonial proceedings and a divorce petition has been filed by the respondent's husband at Baikunthpur to be transferred to Allahabad, where the petitioner's wife was residing, on the ground that it would be difficult for her to undertake such long distance journey, particularly in circumstances, in which she finds that the proceedings under 5 Section 125 Cr.P.C. was already pending before the Family Court, Allahabad. Considering the difficulties faced by the wife and also the long distance journey, the Honourable Supreme Court was pleased to order transfer of the proceedings to Allahabad.
(iii) In a decision made in TR.CMP(MD)No.108 of 2010, dated 03.03.2011, the Madurai Bench of Madras High Court, has observed as below:-
''18.It is true that section 19 of the Hindu Marriage Act, has been amended by insertion of proviso of (iii)(a) to section 19. Of Course, this amended section 19(iii)(a) gives special preference to the wife to file a petition or defending the case of the husband before the Court within whose jurisdiction she resides. The intention of the legislator is to safe-guard the interest and rights of the women, who are being subjected to harassment and cruelty. But this special preference conferred under section 19 (iii)(a) of the Hindu Marriage Act shall not be used to wreck vengeance on the husband. There must be a justifiable cause to select the jurisdiction of the Court where she resides.''
Sd/Assistant Registrar (CS.VIII)
/True Copy/
Sub Assistant Registrar
To
1.The Subordinate Judge,
Thiruttani.
2.The Judge,
Family Court,
Chennai.
Copy to : The Section Officer, VR.Section,
High Court of Madras, Chennai -104.
+1cc to Mr.Senthilraj, Advocate Sr.No.13127
AKM/18.03.21 /4P-5C/
Tr.CMP No.43 of 2021
03.03.2021
3 issues framed by the court
Whether the matrimonial proceedings filed by the husband at Thiruttani should be transferred to the Family Court at Chennai
Whether the special preference under Section 19(iii-a) of the Hindu Marriage Act applies to the petitioner residing in Chennai
Whether the petitioner's financial difficulty and residence warrant transfer of the case under Section 24 of the Civil Procedure Code
Colour shows how this judgement treated each authority
Unreported Division Bench decision of High Court of MadrasReferred¶15
W.A.No.1181 of 2009
Unreported Madras High Court decisionReferred¶18
TR.CMP.Nos.138 and 139 of 2006
Mona Aresh Goel vs. Aresh Satya GoelReferred¶19
AIR 2000 SC 3512 · Who else cites this
Unreported Supreme Court decisionReferred¶21
2000 (9) SCC 355 · Who else cites this
Unreported Supreme Court decisionReferred¶23
2005 (12) SCC 395 · Who else cites this
Madurai Bench of Madras High Court decisionReferred¶24
TR.CMP(MD)No.108 of 2010
2 provisions across 2 enactments
Kaviya Gadi
P. Hariprasanth
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
