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2022 Supreme(Mad) 903
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M. Santhiya Priyadarshini – Petitioner
Versus
K.N. Manivanna Sudhevan – Respondent
Tr. C.M.P. Nos. 1088, 1168, 1269, 1270, 1271 of 2022, C.M.P. Nos. 18671, 19925, 21468, 21469, 21470 of 2022
Decided On : 08-12-2022
Advocate Appeared:
For the Petitioners: K.S. Jeya Ganeshan, P. Navaneetha Krishnan.
For the Respondent: N. Manoharan.
The residence of the wife determines jurisdiction in matrimonial cases, and the court must consider the convenience of the parties and children. The preference given to the wife's jurisdiction should not be misused for vengeance against the husband.
Headnote:
Transfer Petition - Transfer of Cases - Hindu Marriage Act - Section 19, Section 125 Cr.P.C. - The court discussed the principles regarding transfer petitions in matrimonial cases, emphasizing the importance of considering the residence of the wife for determining jurisdiction. The court also highlighted the need to safeguard the interests and rights of women while ensuring that the preference given to the wife's jurisdiction is not misused for vengeance against the husband.
Fact of the Case:
The petitioner sought to transfer multiple cases from different courts to a court in Dharapuram, citing her residence and the convenience of the parties and children. The respondent objected, stating that the petitioner and children were residing and studying in Coimbatore.
Finding of the Court:
The court found that the cases should be tried before the courts in Coimbatore for the convenience of the parties and children. It directed the transfer of cases from Dharapuram to the Additional Family Court at Coimbatore for joint trial with HMOP No. 1442 of 2022.
Issues: Jurisdictional transfer of cases, convenience of parties and children, interpretation of Section 19 of the Hindu Marriage Act.
Ratio Decidendi: The residence of the wife determines jurisdiction in matrimonial cases, and the court must consider the convenience of the parties and children. The preference given to the wife's jurisdiction should not be misused for vengeance against the husband.
Final Decision: The court directed the transfer of cases from Dharapuram to the Additional Family Court at Coimbatore for joint trial with HMOP No. 1442 of 2022. It also encouraged mediation and disposed of the Transfer Civil Miscellaneous Petitions without costs.
ORDER :
1. The Transfer Civil Miscellaneous Petition No. 1088 of 2022 is filed to withdraw the case in HMOP No. 1442 of 2022 from the file of the Additional Family Court, Coimbatore and transfer the same to the file of the Sub Court, Dharapuram.
2. The Transfer Civil Miscellaneous Petition No. 1168 of 2022 is filed to withdraw the case in GWOP No. 1753 of 2022 from the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Dharapuram.
3. The Transfer Civil Miscellaneous Petition No. 1269 of 2022 is filed to withdraw the case in OS No. 190 of 2021 from the file of the Sub Court, Dharapuram and transfer the same to the file of the Additional Principal Family Court, Coimbatore to try along with HMOP No. 1442 of 2022 and GWOP No. 1753 of 2022 respectively or to any other Competent Court at Coimbatore for joint trial.
4. The Transfer Civil Miscellaneous Petition No. 1270 of 2022 is filed to withdraw the case in OS No. 682 of 2022 from the file of the Additional District Court, Dharapuram and transfer the same to the file of the Additional Principal Family Court, Coimbatore to try along with HMOP No. 1442 of 2022 and GWOP No. 1753 of 2022 respectively or to any other Competent Court at Coimbatore for joint trial.
5. The Transfer Civil Miscellaneous Petition No. 1271 of 2022 is filed to withdraw the case in HMOP No. 1442 of 2022 from the file of the Additional District Court, Dharapuram and transfer the same to the file of the Additional Principal Family Court, Coimbatore to try along with HMOP No. 1442 of 2022 and GWOP No. 1753 of 2022 respectively or to any other Competent Court at Coimbatore for joint trial.
6. The marriage between the petitioner and the respondent was solemnised on 17.03.2008 as per Hindu Rites and Customs. Two children were born from and out of the wedlock between the petitioner-wife and the respondent-husband. Due to misunderstanding, the petitioner and the respondent are living separately. Now the petitioner and both the children are residing in the residence of petitioner's parents.
7. The learned counsel for the petitioner states that the respondent filed HMOP No. 1442 of 2022 for restitution of conjugal rights on the file of the Principal Family Court at Coimbatore. The learned counsel for the petitioner further states that the petitioner is a permanent resident of Dharapuram and temporarily residing at Coimbatore. Thus the case is to be transferred to the Sub Court, Dharapuram, wherein the other cases are also pending between the petitioner and the respondent.
8. The learned counsel for the respondent raised an objection by stating that the petitioner is residing at Coimbatore along with her two children, who all are studying at Coimbatore. The details regarding their residence and the school details are elaborately stated by the petitioner in HMOP No. 60 of 2021 filed by her for dissolution of marriage.
9. In the suit filed by the petitioner in O.S.No. 190 of 2021 pending on the file of the Sub Court, Dharapuram and O.S. No. 682 of 2022 pending on the file of the III Additional District Court, Dharapuram for partition. In the said suits, the petitioner has elaborately stated that she is residing at Coimbatore along with her son and daughter, wherein, her son is studying at ‘Akshyantara Special Learning School’ functioning inside Vivekalaya Matriculation School and her daughter is also studying in the same school.
10. The petitioner is living along with her parents at Coimbatore in an apartment. The details regarding the properties are also stated in the suit. While-so, there is a force in the contention raised on behalf of the wife.
11. The parties have filed various litigations both before the Courts at Coimbatore and before the Courts at Dharapuram. The details of the cases filed by the petitioner and the respondent are as under:
| S. No. | Case Number | Name of the Court |
