K.Alagammai v. M.Viswanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & CMP.No.21397 of 2024 K.Alagammai ...

Petitioner Vs M.Viswanathan ...

Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw and transfer the FCOP No.329 of 2024 on the file of the Family Court, Erode to the file of the Family Court, Coimbatore.

For Petitioner : Mr.K.Chokalingam For Respondent : Mr.M.Guruprasad

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of FCOP No.329 of 2024 from the file of the Family Court, Erode and transfer the same to the file of the Family Court, Coimbatore.

2. I heard both sides. I have gone through the affidavit. 1/4

3. The petitioner married the respondent on 01.11.2017. From the wedlock, they were blessed with a child. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in FCOP No.329 of 2024 for restitution of conjugal rights before the Family Court, Erode. Pleading that the wife is residing in Coimbatore and unable to travel from Coimbatore to Erode, 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 Coimbatore and Erode 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5.Accordingly, FCOP.No.329 of 2024 is withdrawn from the file of the Family Court, Erode and transferred to the file of the Family Court, Coimbatore. The learned Family Judge, Coimbatore on transfer of the proceedings, shall re-number the same and proceed further.

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, the connected miscellaneous petition is closed. Index:Yes/No 24.01.2025 Speaking order/Non-speaking order mrp To 1.The Family Court, Erode.

2.The Family Court, Coimbatore.

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V. LAKSHMINARAYANAN,J.

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