Rosi @ Rosimary v. Stalin @ Johnson Stalin
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.20239 of 2024 Rosi @ Rosimary ...
Petitioner Vs Stalin @ Johnson Stalin ...
Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in I.D.O.P.No.166 of 2024 on the file of the Family Court, Thanjavur and transfer the same to the Family Court, Perambalur.
For Petitioner : Mr.M.Vijaya Ragavan For respondent : No appearance
O R D E R
This transfer petition is at the instance of the wife. She seeks withdrawal of I.D.O.P.No.166 of 2024 on the file of the Family Court, Thanjavur and transfer the same to the Family Court, Perambalur.
2. I heard the learned counsel for the petitioner. I have gone through the affidavit.
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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 25.05.2018. From the wedlock, they were blessed with a child. Due to disputes and differences, the parties have separated. The petitioner raised a Domestic Violence complaint in D.V.C.No.10 of 2024 before the Additional Mahila Court (JM Level), Perambalur. The respondent/husband initiated proceedings in I.D.O.P.No.166 of 2024 for restitution of conjugal rights before the Family Court, Thanjavur. Pleading that the wife is residing in Perumathur Village, Perambalur District and unable to travel from Perumathur Village to Thanjavur, she has moved this transfer petition. 5.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 2/4
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 Perambalur District and Thanjavur 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. 6.Accordingly, I.D.O.P.No.166 of 2024 is withdrawn from the file of the Family Court, Thanjavur and transferred to the file of the Family Court, Perambalur. The learned Judge, Perambalur on transfer of the proceedings, shall re-number the same and proceed further.
7. 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. 3/4
V. LAKSHMINARAYANAN,J.
mrp
8. 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, Thanjavur.
2.The Family Court, Perambalur.
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