Tr.C.M.P.No.1299 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

Tr.C.M.P.No.1299 of 2022

and

C.M.P.No.22011 of 2022

Janani

..

Petitioner

vs

Maheshraja

..

Respondent

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code,

to order withdraw F.C.O.P.No.316 of 2022 pending on the file of Family

Court, Chengalpattu and transfer the same to the file of Family Court,

Erode.

For Petitioner

:

Mr.C.E.Pratap

For Respondent

:

No Appearance

ORDER

The transfer petition is filed to withdraw F.C.O.P.No.316 of 2022

pending on the file of Family Court, Chengalpattu and transfer the same to

the file of Family Court, Erode.

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Tr.C.M.P.No.1299 of 2022

2. The marriage between the petitioner and the respondent was

solemnized on 12.09.2018 as per the Hindu Rites and Customs. Due to

misunderstanding, the petitioner and the respondent are living separately.

3. Learned counsel for the petitioner states that the petitioner is

unemployed and is residing along with her parents and has to take care of

her three year old child. While so, she may not be in a position to travel and

contest the case filed before the Family Court, Chengalpattu.

4. 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

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Tr.C.M.P.No.1299 of 2022

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:-

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Tr.C.M.P.No.1299 of 2022

“(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.Ranga vs. Ajay

Champalal Ranga [(2000) 9 SCC 355], the wife has

filed a petition to transfer the proceedings initiated by

the husband for divorc