Tr.CMP No.1059 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23-01-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

Tr.CMP No.1059 of 2022

And

CMP No.18236 of 2022

M.Saranya Kumari

.. Petitioner

vs.

R.Ganesan

.. Respondent

PRAYER : This Transfer CMP is filed under Section 24 of the Civil

Procedure Code, to withdraw the case in HMOP No.554 of 2021 from the

file of the Sub Court at Poonamallee and transfer the same to the file of the

Family Court at Chennai.

For Petitioner : Mr.A.Ilaya Perumal

For Respondent

: No Appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to

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withdraw the case in HMOP No.554 of 2021 from the file of the Sub Court

at Poonamallee and transfer the same to the file of the Family Court at

Chennai.

2. The marriage between the petitioner-wife and the respondent-

husband was solemnised on 27.05.2007 as per Hindu Rites and Customs.

Out of wedlock between the petitioner and the respondent, one girl and one

male i.e., two children were born. Due to misunderstanding the petitioner

and the respondent are now living separately.

3. The learned counsel for the petitioner states that the petitioner

is unemployed and now she and her two minor children are living along with

her parents at Chennai. Both the petitioner and her minor children are

depending on her parents and she has to take care of her two minor children.

Thus she is not in a position to travel all along from Chennai to Poonamallee

to contest the divorce case filed by the respondent in HMOP No.554 of

2021, which was pending on the file of the Sub Court at Poonamallee has

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Tr.CMP No.1059 of 2022

now been transferred to the file of the Sub Court at Ambattur on account of

bifurcation of jurisdiction.

4. In the present case, the transfer of the case is to be considered,

since the petitioner is unemployed and both the petitioner as well as her two

minor children are living along with her parents at Chennai. That being the

case, the divorce case filed by the respondent in HMOP No.554 of 2021 now

pending on the file of the Sub Court at Ambattur (transferred from Sub

Court at Poonamallee) is to be transferred to the place, where the petitioner

now resides.

5. 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:-

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Tr.CMP No.1059 of 2022

''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

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Tr.CMP No.1059 of 2022

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 the