ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the HMOP No.110 of 2022, on the file of the Subordinate Court, Sankari and transfer the same to the file of the Subordinate Court, Rasipuram for the purpose of joint trial along with petition in HMOP No.158 of 2022, on the file of the Subordinate Court, Rasipuram by the learned Subordinate Judge, Rasipuram.

The petition for transfer is filed to withdraw and transfer the petition bearing HMOP No.110 of 2022 from the file of the Subordinate Court, Sankari, Salem District to be tried along with HMOP No.158 of 2022, pending on the file of the Subordinate Court, Rasipuram, Namakkal District.

2. The marriage between the petitioner and the respondent was solemnised on 03.06.2020 as per the Hindu Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent, now aged about 1½ years. Due to misunderstanding, the petitioner and the respondent are living separately. The petitioner/wife has filed HMOP No.158 of 2022 on the file of the Subordinate Court, Rasipuram, Namakkal District for Divorce and a Maintenance Case in M.C.No.12 of 2022 on the file of the Judicial Magistrate Court, Rasipuram, Namakkal District. Per contra, the respondent/husband filed HMOP No.110 of 2022 before the Subordinate Court, Sankari, Salem District for Restitution of Conjugal Rights. The petitioner is unemployed and residing along with her mother at Rasipuram, Namakkal District. She is depending on her mother for her livelihood and has to take care of 1 ½ years old male child. Thus, the petitioner/wife is not in a position to spend, travel and contest the case filed by the respondent/husband.

3. 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 report submitted by the Law Commission as well as National Commission for Women, underlying the need for such amendment so as to enable the women to approach the nearest jurisdictional court to redress their matrimonial grievances, were also taken note of by the Government. Therefore such a beneficial provision meant for the women of our Country should be given a meaningful interpretation by Courts.”

(ii) In yet another case in Tr.CMP.Nos.138 and 139 of 2006, dated 30.08.2006, the High Court of Madras has considered the following judgments of Hon'ble Supreme Court of India:-

“(1) In the case of Mona Aresh Goel vs. Aresh Satya Goel [(2000) 9 SCC 255], when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

(2) In the case of Geeta Heera vs. Harish Chander Heera [(2000) 10 SCC 304], the Hon'ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.

(3) In the case of Lalita A. Ran