R.Kowsalya v. V.Rubathkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.22555 of 2024 R.Kowsalya ...

Petitioner Vs V.Rubathkumar ...

Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in HMOP No.92 of 2024 pending before the Sub Court, Sathyamangalam at Erode District and to transfer the same to the Sub Court, Coimbatore.

For Petitioner ...

Mr.Ma.P.Thangavel For Respondent ...

Mr.J.Titus Enock

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of HMOP No.92 of 2024 on the file of the Sub Court, Sathyamangalam at Erode District and transfer the same to the Sub Court, Coimbatore.

1/4

2. I heard both sides. I have gone through the affidavit.

3. The petitioner married the respondent on 06.03.2022. From the wedlock, they were blessed with a child. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in HMOP No.92 of 2024 for divorce before the Sub Court, Sathyamangalam. Pleading that the wife is residing in Coimbatore District 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.

2/4

5.Accordingly, HCOP No.92 of 2024 is withdrawn from the file of the Sub Court, Sathyamangalam at Erode District and transferred to the file of the Sub Court, Coimbatore. The learned Sub Judge, Coimbatore on transfer of the proceedings, shall re-number the same and proceed further.

6. 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 Sub Court, Sathyamangalam at Erode District. 2.The Sub Court, Coimbatore.

3/4

V. LAKSHMINARAYANAN,J.

mrp & C.M.P.No.22555 of 2024 24.01.2025 4/4