S. Nageswari v. K. Dinesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.28572 of 2024 S.Nageswari .. Petitioner Vs.

K.Dinesh .. Respondent Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, praying to withdraw the H.M.O.P.No.4826 of 2024 on the file of the Principal Family Court, Chennai and transfer the same to Family Court, Pondicherry. For Petitioner :

Mr.K.Thenrajan For Respondent :

Mr.K.S.Shankar Chakrapani

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.4826 of 2024 from the file of the Principal Family Court, Chennai, and transfer the same to the file of the Family Court, 1/5

Pondicherry.

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 H.M.O.P.No.4826 of 2024 for restitution of conjugal rights before the Principal Family Court, Chennai. Pleading that the wife is residing in Pondicherry and unable to travel from Pondicherry to Chennai, 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 2/5

between Pondicherry and Chennai 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5.Accordingly, H.M.O.P.No.4826 of 2024 is withdrawn from the file of the Principal Family Court, Chennai, and transferred to the file of the Family Court, Pondicherry.

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.The learned counsel for the respondent / husband requested right to visit the child. Mr.K.Thenrajan submitted that the petitioner / wife has no objection for the father to visit the child at any time. He states that the petitioner will not prevent the father from visiting the child. It is open to the 3/5

respondent / husband to visit the child whenever it is convenient. 8.With the above observations, the Transfer Petition is ordered. Consequently, connected miscellaneous petition is closed. No costs. 31.01.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Principal Judge, Principal Family Court, Chennai.

2.The Judge, Family Court, Pondicherry.

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V.LAKSHMINARAYANAN, J.

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