The main legal point established in the judgment is the preference for the wife's jurisdiction in matrimonial cases, as per the provisions of the Hindu Marriage Act, and the need to safeguard the interest and rights of women who are subjected to harassment and cruelty.

ORDER :

The petitions for transfer are filed to withdraw the petitions HMOP No.141 of 2022 and GOP No.362 of 2022 on the file of the Family Court, Salem and transfer the same to the file of the Family Court, Namakkal.

2. The marriage between the petitioner and the respondent was solemnised on 12.02.2016 as per the Hindu Rites and Customs. Two children were born from and out of the wedlock between the petitioner and the respondent and they are aged about 5 years and 1 years respectively. Both the children are now living with the petitioner and the respondent filed HMOP No.141 of 2022 and GOP No.362 of 2022 on the file of the Family Court at Salem.

3. The learned counsel for the petitioner mainly contented that the petitioner is unemployed and residing with her parents. She is depending on her parents and the respondent is not supporting the petitioner as well as the two children. She has to maintain the two minor children with the help of her parents and under these circumstances she is not in a position to attend the Family Court at Salem, wherein the respondent filed HMOP No.141 of 2022 and GOP No.362 of 2022.

4. The learned counsel for the respondent objected the said contention by stating that the petitioner is not residing at Namakkal and residing at Salem. The petitioner herself has stated in the affidavit filed in support of the transfer petition that the first child is studying at Salem. More so, in other complaint also she has stated that she is residing at Salem and therefore, the transfer petition is to be dismissed.

5. Perusal of the documents filed by the petitioner would reveals that the respondent filed HMOP No.141 of 2022 on the Family Court at Salem for Dissolution of Marriage under Section 13(1)(ia)(iii) of the Hindu Marriage Act, wherein, the respondent himself has stated the address of the respondent as N.Karthika, wife of V.C.M.Sivaprakasam daughter of Neelamegam, residing at the care of her father at Kamalamillam,59 Periyapatti Road, S.P.Pudur, Namakkal – 637 001. The respondent filed another petition in GOP No.362 of 2022, therein also the respondent / husband has stated that the petitioner is voluntarily living with her parent house from March 2020. The parent’s house of the petitioner is at Namakkal and there is no dispute on that.

6. Further, it is not in dispute that the petitioner and the respondent are living at Salem, wherein, the two children were born and therefore, she was residing at Salem previously and merely stating in the petition that she was residing at Salem would not deprive her from getting the case to be transferred to Namakkal, wherein, now the petitioner is residing.

7. In all such circumstances, the Courts have consistently held that the place of the wife is the choice for conducting trial in matrimonial cases. The Apex Court also held that the place of wife is to be preferred for conducting trial in matrimonial cases. Therefore, this Court is of an opinion that both the cases filed by the respondent before the Family Court at Salem is to be transferred.

8. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the three decisions of the High Court of Madras, in the following cases:

(i) The Hon-ble Division Bench of the High Court of Madras in W.A.No.1181 of 2009, dated 09.07.2010, wherein in paragraphs-21 and 22, it has been observed as under:

“21. The domicile or citizenship of the opposite party is immaterial in a case like this. In case the marriage was solemnized under Hindu Law marital relationship is governed by the provisions of the Hindu Marriage Act. Therefore, Section 19 has to be given a purposeful interpretation. It is the residence of the wife, which determines the question of jurisdiction, in case the proceeding was initiated at the instance of the wife.

22. While considering a provision like Section 19 (iii-a) of the Hindu Marriage Act, the objects and reasons which prompted the parliament to incorporate su