R. Sivasankari, v. C. Manthiramoorthy,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and CMP Nos.9321 & 9322 of 2022 Sivasankari ... Petitioner Vs.
C.Manthiramoorthi
...Respondent
PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw the H.M.O.P.No.566 of 2018 pending on the file of the learned Additional Family Court, Coimbatore and transfer the same to learned Family Court at Erode.
For Petitioner : M/s.Kiruthika Gokulakrishnan
O R D E R
This transfer petition is filed to transfer HMOP No.566 of 2018 pending on the file of the Additional Family Court, Coimbatore to the Family Court, Erode to be tried along with M.C.No.40 of 2019 filed by the petitioner. 2.The learned counsel for the petitioner mainly contended that the 1/8
petitioner is unemployed and now residing with her parents at Veerappahchathiram, Erode. The petitioner is the dependent of her parents and therefore, not in a position to travel to Coimbatore and contest the HMOP filed by the respondent for annulment of marriage solemnized between the petitioner and the respondent.
3.In this regard, the Courts have already considered the issues as follows:
3. 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 2/8
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 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:- "16.In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was 3/8
unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.
In 2000 (10) SCC 304, the Honourable Supreme Court has held that where the 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 4/8
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."
4.Considering the facts and circumstances, this Court is inclined to 5/8
consider the petition. Accordingly, HMOP No.566 of 2018 pending on the file of the Additional Family Court, Coimbatore stands transferred to the Family Court, Erode to be tried along with M.C.No.40 of 2019 filed by the petitioner. The Additional Family Court, Coimbatore is directed to transmit the case papers to the Family Court at Erode, within a period of four weeks from the date receipt of a copy of this order.
5.Accordingly, this transfer petition stands allowed. No Costs. Consequently, connected miscellaneous petitions are closed. 06.12.2022 Index : Yes Internet : Yes Speaking order : Yes ssr 6/8
To 1.The Additional Family Court, Coimbatore.
2.The Family Court at Erode.
7/8
S.M.SUBRAMANIAM., J ssr and CMP Nos.9321 & 9322 of 2022 06.12.2022 8/8