ORDER :

PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in HMOP No.74 of 2022 from the file of the Sub Court at Arur, Dharmapuri District and transfer the same to the file of the Sub Court at Salem.

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No.74 of 2022 from the file of the Sub Court at Arur, Dharmapuri District and transfer the same to the file of the Sub Court at Salem.

2. The marriage between the petitioner-wife and the respondent-husband was solemnised on 01.09.2011 as per Hindu Rites and Customs. Two children were born from and out of the wedlock between the petitioner and the husband and they are now studying in V Standard and UKG respectively at Salem. The children are with the custody of the petitioner-wife.

3. The learned counsel for the petitioner states that the petitioner is unemployed and now residing with her parents at Salem along with the school going children. Thus she is not in a position to travel all along from Salem to Arur, Dharmapuri District to contest the dissolution of marriage case filed by the respondent in HMOP No.74 of 2022 pending on the file of the Sub Court at Arur, Dharmapuri District.

4. The learned counsel for the petitioner states that the respondent is not even paying the Interim Maintenance to the minor children and the petitioner is depending on her age-old parents even to meet out the livelihood of the minor children. In this regard, the petitioner is at liberty to move an appropriate application before the Competent Court for grant of maintenance and in such an event, the Court has to consider grant of Interim Maintenance without causing any undue delay and the final maintenance to be granted must be determined after adjudication of the matrimonial disputes between the parties.

5. Today, the respondent-husband is present before this Court and given an undertaking that he will handover all the original certificates and other things belong to the petitioner, within a period of one week from today either in person or through Courier Post.

6. That apart, the petitioner filed HMOP No.171 of 2022 for restitution of conjugal rights on the file of the Sub Court at Thiruppattur. Since the petitioner was temporarily residing at Thiruppattur, she filed a case before the Sub Court at Thiruppattur. At present, the petitioner and the children are residing at Salem along with her parents.

7. In the present case, the transfer of the case is to be considered, since the petitioner is unemployed and taking care of the school going children and she is residing along with her parents at Salem. That being the case, the divorce case filed by the respondent is to be transferred to the place, where the petitioner now resides.

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 such a provision has also to be taken note of. Sub Clause (iii-a) was inserted in Section 19 with a specific purpose. Experience is the best teacher. The Government found the difficulties faced by women in the matter of initiation of matrimonial proceedings. The