ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to pass an order of withdrawal of the H.M.O.P.No.32 of 2021 on the file of the Sub Court, Ponneri, Thiruvallur District and to transfer the same to the file of the II Additional Family Court, Chennai and to try the same along with the G.W.O.P.No.2028 of 2021.

The petition for transfer is filed to withdraw the H.M.O.P.No.32 of 2021 on the file of the Sub Court, Ponneri, Thiruvallur District and transfer to the II Additional Family Court, Chennai to be tried along with the G.W.O.P.No.2028 of 2021.

2. The marriage between the petitioner and the respondent was solemnized on 17.02.2014 as per Hindu Rites and Customs. Two children were born from and out of the wedlock between the petitioner and the respondent and now they are aged about seven (7) and five (5) years and school going. The petitioner and the respondent are living separately on account of matrimonial dispute and the respondent filed a Maintenance case and the petitioner filed G.W.O.P.No.2028 of 2021, pending on the file of the II Additional Family Court, Chennai, seeking custody of minors. That apart, the petitioner/husband filed H.M.O.P.No.32 of 2021 for Dissolution of Marriage, which is pending on the file of the Sub Court, Ponneri, Thiruvallur District.

3. The learned counsel for the petitioner states that the Maintenance Case and G.W.O.P.No.2028 of 2021 are pending before the II Additional Family Court, Chennai and therefore, the Divorce case in H.M.O.P.No.32 of 2021 is also to be transferred to the Family Court at Chennai for trial.

4. During the course of arguments, the learned counsel for the respondent states that the petitioner is not even meeting out the educational and other expenses of the minor children and the respondent is unemployed and depending on her parents even to meet out the educational expenses and other living expenditures of the minor children.

5. This Court is of the considered opinion that the livelihood of the minor children is to be protected and in such circumstances, the Courts are bound to grant interim maintenance to protect the life under Article 21 of the Constitution of India. Even in the absence of any application in this regard, Constitutional Courts are bound to ensure that the interest of the minor children are protected and in many such cases, the wife during the matrimonial dispute between the husband are unemployed and depending on the aged parents. Such circumstances shall not be allowed to be continued and the Courts are bound to protect the interest of the minor children by granting interim maintenance and allowing the parties to determine the final maintenance to be paid by way of adjudication.

6. 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 Com