M.Bagyalakshmi v. Thanigaivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.12795 of 2024 M.Bagyalakshmi .. Petitioner Vs Thanigaivel .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in H.M.O.P.No.100 of 2023 pending on the file of the learned Principal Sub Court, Chengalpattu and transfer the same to the file of the learned VI Additional Family Court, Chennai for disposal along with MC No.396 of 2023.

For Petitioner : Ms.G.V.Shoba For Respondent : Mr.S.Magesh Kumar

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.100 of 2023 from the file of the learned Principal Sub Court, Chengalpattu and transfer the same to the file of the learned VI Additional Family Court, Chennai.

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2. I heard both sides. I have gone through the affidavit.

3. The petitioner married the respondent on 11.11.2019. From the wedlock, they were blessed with a male child. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.100 of 2023 for divorce before the learned Principal Sub Court, Chengalpattu. The petitioner/wife has filed M.C.No.396 of 2023 before the VI Additional Judge, Family Court, Chennai seeking maintenance. Pleading that the wife is residing in Chennai and unable to travel from Chennai to Chengalpattu, she has moved this transfer petition.

4. The Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication to the Court that the convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, the convenience of the wife should be given a superior consideration than that of the husband. As the distance between Chennai and Chengalpattu is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court, I am inclined to accept the transfer.

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5.Accordingly, H.M.O.P.No.100 of 2023 is withdrawn from the file of the learned Principal Sub Court, Chengalpattu and transferred to the file of the learned VI Additional Family Court, Chennai.

6. The Family Court need not insist upon the appearance of the husband on all hearing dates. For non-essential and procedural hearings, the husband will be represented by a counsel. He shall however present himself before the Court when the Trial Court passes a specific order for his appearance or when his presence is indispensable. 7.With the above observations, the Transfer Petition is ordered. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 Index:Yes/No Speaking order/Non-speaking order KST To 1.The Principal Sub Court, Chengalpattu.

2.The VI Additional Family Court, Chennai.

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V. LAKSHMINARAYANAN,J.

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