Advocates:
['S PARTHASARATHY', '', 'I DAVID SINGH', 'M/S N PALANISAMY', '', 'S SUNDARESAN', 'A VELMURUGAN-MS']

Tr.C.M.P.No.610 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

Tr.C.M.P.No.610 of 2022

and

C.M.P.No.10465 of 2022

B.Janani

... Petitioner

Vs.

G.J.Prasanna Venkatesh

... Respondent

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

Code, for withdrawal of HMOP. No. 92 of 2022 pending on the file of

Family Court, Thanjavur and transfer the same to Family Court, Chennai.

For Petitioner

: Mr.S.Parthasarathy

For Respondent

: Mr.N.Palanisamy

O R D E R

The petition for transfer is filed for withdrawal of HMOP. No. 92 of

2022 pending on the file of Family Court, Thanjavur and transfer the same

to Family Court, Chennai

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Tr.C.M.P.No.610 of 2022

2. The marriage between the petitioner and the respondent was

solemnised on 10.03.2021 as per the Hindu Rites and Rituals. Now the

petitioner is residing along with her parents at Chennai. More so, the

respondent has filed the petition on HMOP.No.92 of 2022 and therefore, the

petitioner is not in a position to contest the case by travelling all along from

Chennai to Thanjavur.

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

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Tr.C.M.P.No.610 of 2022

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.610 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 divorce, at Bombay.

The place of residence of the wife was at Jaipur,

Rajasthan. In that case, th