Nishanthi v. G. Sahadevan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.25219 of 2024 Nishanthi .. Petitioner Vs G.Sahadevan .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the HMOP No.52/2024 pending on the file of Subordinate Judge's Court, Vandavasi to be transferred and tried before the Family Court at Chennai.

For Petitioner : Mr.N.Elumalai For Respondent : Mr.Dhesappan.V

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.52 of 2024 from the file of the Subordinate Court, Vandavasi and transfer the same to the Family Court at Chennai.

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

3. The petitioner married the respondent on 06.09.2020. From the wedlock, they were blessed with a female child. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.52 of 2024 for divorce before the learned Subordinate Judge at Vandavasi. Pleading that the wife is residing in Chennai and unable to travel from Chennai to Vandavasi, 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 Chennai and Vandavasi 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.

5.Accordingly, H.M.O.P.No.52 of 2024 is withdrawn from the file of the learned Subordinate Judge at Vandavasi and transferred to the file of the learned Family Judge at Chennai.

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, connected miscellaneous petition is closed. 24.01.2025 Index :Yes/No Speaking order/Non-speaking order :Yes/No rts To

1.The Subordinate Judge at Vandavasi 2.The Family Judge at Chennai.

V. LAKSHMINARAYANAN, J.

rts and C.M.P.No.25219 of 2024 24.01.2025