K.Banupriya v. O.A.Kathiravan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Tr CMP.No.782 of 2024 & CMP.No.17116 of 2024 K.Banupriya : Petitioner versus O.a.Kathiravan : Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the HMOP.No.25 of 2024 on the file of the Family Court, Tiruvallur and transfer the same to the file of the Family Court, Chengalpet.. For Petitioner : Mr.D.Vijay For Respondent : Mr.R.Thirumoorthy

ORDER

This transfer petition is at the instance of the wife. She seeks withdrawal of HMOP.No.25 of 2024 from the file of the Family Court, Tiruvallur and transfer the same to the file of the Family Court, Chengalpet.

2. I heard Mr.D.Vijay and Mr.R.Thirumoorthy for the respective parties. I have gone through the affidavit.

3. The petitioner married the respondent on 19.11.2010.. From the wedlock, they were blessed with two children. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.25 of 2024 for divorce before the learned Family Judge at Tiruvallur. Pleading that she is residing in Maraimalainagar, Kanchipuram District and unable to travel from Maraimalainagar to Tiruvallur, the wife 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 Maraimalainagar and Tiruvallur is considerable and since it will be difficult for the wife to leave the children behind and travel to attend the Court, I am inclined to accept the transfer.

5.Accordingly, H.M.O.P.No.25 of 2024 is withdrawn from the file of the learned Family Judge, Tiruvallur and is transferred to the file of the learned Family Judge at Chengalpet.

6. The learned Family Judge, Chengalpet 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 nl Index : Yes/No Speaking Order/Non speaking order : Yes/No

V.LAKSHMINARAYANAN, J.

nl To 1.The Family Judge, Family Court, Tiruvallur 2.The Family Judge, Family Court, Chengalpet 24.01.2025