R.Karunya v. R.K.J.Ramkishore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.16599 of 2024 R.Karunya .. Petitioner Vs R.K.J.Ramkishore .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in I.A.No.1 of 2024 in C.F.R.No.3454 of 2024 pending on the file of the learned Family Court, Erode and transfer the same to the file of the learned Sub Court, Melur to try the matter along with O.P.No.53 of 2024 filed by the petitioner.

For Petitioner : Mr.R.Subburaj For Respondent : Mr.M.Guruprasad

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of I.A.No.1 of 2024 in C.F.R.No.3454 of 2024 from the file of the learned Family Court, Erode and transfer the same to the file of the learned Sub Court, Melur.

2. I heard both sides. I have gone through the affidavit. 1/5

3.The petitioner married the respondent on 01.12.2023. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in I.A.No.1 of 2024 in C.F.R.No.3454 of 2024 before the learned Family Court, Erode for divorce. Though initially the proceedings were pending at the stage of granting leve to file a divorce petition, learned counsel for the petitioner reports that the application in CFR No.3454 of 2024 was allowed by the Family Court at Erode and the proceedings since numbered as H.M.O.P.No.571 of 2024. The petitioner/wife filed H.M.O.P.No.53 of 2024 before the Sub Court, Melur seeking for restitution of conjugal rights. The pleading that the wife is a permanent resident of Madurai and unable to travel from Madurai to Erode for the hearing, 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.

transfer.

5.Accordingly, I.A.No.1 of 2024 in C.F.R.No.3454 of 2024, now numbered as H.M.O.P.No.571 of 2024 is withdrawn from the file of the learned Family Court, Erode and transferred to the file of the learned Sub Court, Melur. The learned Subordinate Judge, Melur, on transfer of the proceedings, shall re-number the same and try it along with HMOP No.53 of 2024, which is said to be pending on his file.

6. The Transfer Civil Miscellaneous Petition is ordered on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 Index:Yes/No Speaking order/Non-speaking order KST To 1.The Family Court, Erode.

2.The Sub Court, Melur.

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V. LAKSHMINARAYANAN,J.

KST Tr.CMP No.761 of 2024 and CMP No.16599 of 2024 24.01.2025 5/5