B. Lakshmi v. V. Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.16734 of 2024 B.Lakshmi ..

Petitioner Vs V.Balaji ..

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.242 of 2022 pending on the file of the learned Subordinate Judge, Kancheepuram and transfer the same to the file of the learned Family Court, Chengalpet. For Petitioner : Mr.D.Ravichander For Respondent : No appearance

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.242 of 2022 from the file of the learned Subordinate Judge, Kancheepuram and transfer the same to the file of the learned Family Court, Chengalpet.

2. I heard Mr.D.Ravichander for the transfer petitioner. I have gone 1/5

through the affidavit.

3. Though notice has been served on the respondent and his name is printed in the cause list, there is no representation for him either in person or through counsel. Since the service has been completed, I took up the transfer petition for disposal.

4.The petitioner married the respondent on 29.06.2015. Due to disputes and differences, the parties have separated. From the wedlock, they were blessed with two children. The respondent/husband initiated proceedings in H.M.O.P.No.242 of 2022 before the learned Subordinate Judge, Kancheepuram seeking for divorce. Pleading that the wife is residing in Guduvanchery, Chengalpattu District and unable to travel from Guduvancherry 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. Since it will be difficult for the wife to leave the child behind and travel to attend the Court, I 2/5

am inclined to accept the transfer.

5.Accordingly, H.M.O.P.No.242 of 2022 is withdrawn from the file of the learned Subordinate Judge, Kancheepuram and transferred to the file of the learned Family Court, Chengalpet.

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. 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 Subordinate Judge, Kancheepuram.

2.The Family Court, Chengalpet.

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V. LAKSHMINARAYANAN,J.

KST Tr.CMP No.768 of 2024 and CMP No.16734 of 2024 24.01.2025 5/5