Transfer petition allowed under Section 24 CPC to move matrimonial case from Sirkazhi to Trichy Subordinate Court, considering the wife's residence and difficulties in traveling, referencing Section 19 of the Hindu Marriage Act.
H.M.O.P.No.17 of 2022 transferred to Principal Subordinate Court, Trichy; papers transmitted within 4 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr.C.M.P.No.243 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Tr.C.M.P.No.243 of 2023 and C.M.P.No.5265 of 2023
M.Siva Sankari
.. Petitioner
Versus
Venkatabalan
.. Respondent
PRAYER : This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the proceedings in H.M.O.P.No.17 of 2022 on the file of the Principal Subordinate Judge, Sirkazhi and transfer the same to the Principal Subordinate Judge, Trichy.
For Petitioner : Mr.C.T.Prabhakar For Respondent : Mr.S.Velmurugan ---
1/9
Tr.C.M.P.No.243 of 2023
ORDER
This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.17 of 2022 on the file of the learned Principal Subordinate Judge, Sirkazhi and to transfer the same to the file of the learned Principal Subordinate Judge, Trichy.
the matters of matrimonial cases, are well settled through the three decisions of the High Court of Madras, in the following cases:-
2/9
Tr.C.M.P.No.243 of 2023
(i) The Hon'ble Division Bench of the High Court of Madras in
W.A.No.1181 of 2009, dated 09.07.2010 , wherein in paragraphs-21 and
22, it has been observed as under:-
“ 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.
22. While considering a provision like Section 19 (iii-a) of the Hindu Marriage Act, the objects and reasons which prompted the parliament to incorporate such a provision has also to be taken note of. Sub Clause (iii-a) was inserted in Section 19 with a specific purpose. Experience is the best teacher. The Government found the difficulties faced by women in the matter of initiation of matrimonial proceedings. The report submitted by the Law Commission as
3/9
Tr.C.M.P.No.243 of 2023
well as National Commission for Women, underlying the need for such amendment so as to enable the women to approach the nearest jurisdictional court to redress their matrimonial grievances, were also taken note of by the Government. Therefore such a beneficial provision meant for the women of our Country should be given a meaningful interpretation by Courts.”
(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 of Hon'ble Supreme Court of India:-
“(1) In the case of Mona Aresh Goel vs.
Aresh Satya Goel [(2000) 9 SCC 255] , 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.
(2) In the case of Geeta Heera vs.
Harish Chander Heera [(2000) 10 SCC 304] , the Hon'ble Supreme Court has held that where the
4/9
Tr.C.M.P.No.243 of 2023
petitioner's wife has pleaded lack of money, the same has to be considered.
(3) In the case of Lalita A.Ranga vs. Ajay Champalal Ranga [( 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.
(4) In a decision in Archana Singh vs. Surendra Bahadur Singh [(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
5/9
Tr.C.M.P.No.243 of 2023
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, wherein in paragraph-18, it has been 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
6/9
Tr.C.M.P.No.243 of 2023
must be a justifiable cause to select the jurisdiction of the Court where she resides.”
of 2022 pending on the file of the Principal Subordinate Court, Sirkazhi stands transferred to the Principal Subordinate Court, Trichy forthwith. The Principal Subordinate Court, Sirkazhi is directed to transmit all the case papers to the Principal Subordinate Court, Trichy within a period of four (4) weeks from the date of receipt of a copy of this order and the maintenance case is to be trailed as expeditiously as possible.
18.07.2023
kv Index: Yes/No Speaking order/Non-speaking order Neutral Citation: Yes/No
To
7/9
Tr.C.M.P.No.243 of 2023
8/9
Tr.C.M.P.No.243 of 2023
V.BHAVANI SUBBAROYAN,J.
Kv
Tr.C.M.P.No.243 of 2023
18.07.2023
9/9
2 issues framed by the court
Whether the petition for transfer of matrimonial proceedings from Sirkazhi to Trichy is allowed based on the residency of the wife under Section 19 of the Hindu Marriage Act
Whether the difficulties faced by the wife justify the transfer of jurisdiction
Colour shows how this judgement treated each authority
W.A.No.1181 of 2009Referred¶29
Mona Aresh Goel vs. Aresh Satya GoelReferred¶45
(2000) 9 SCC 255 · Who else cites this
Geeta Heera vs. Harish Chander HeeraReferred¶47
(2000) 10 SCC 304 · Who else cites this
Lalita A.Ranga vs. Ajay Champalal RangaReferred¶49
(2000) 9 SCC 355 · Who else cites this
Archana Singh vs. Surendra Bahadur SinghReferred¶52
(2005) 12 SCC 395 · Who else cites this
TR.CMP(MD)No.108 of 2010Referred¶61
2 provisions across 2 enactments
M.Siva Sankari
Venkatabalan
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.BHAVANI SUBBAROYAN
Parties & counsel
