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2015 DIGILAW 528 (MAD)

Divya @ Raji v. Muthumanikandan

2015-01-30

D.HARIPARANTHAMAN

body2015
Judgment 1. The petitioner herein is the wife and the respondent is the husband. The petitioner wife filed H.M.O.P. No. 139 of 2012 on the file of the Subordinate Court, Srivilliputhur for restitution of conjugal rights and the same is pending. At the same time, the respondent husband has filed H.M.O.P. No. 493 of 2012 on the file of the Family Court, Madurai for divorce and the same is also pending. 2. Now, the petitioner/wife filed this petition to transfer the petition in H.M.O.P. No. 493 of 2012 filed by the respondent/husband before the learned Family Court Madurai to the file of the Sub Court, Srivilliputhur and seeks for a joint trial along with H.M.O.P. No. 139 of 2012 filed by her for restitution of conjugal rights. 3. Heard the learned counsel for the petitioner as well as the respondent. 4. The learned counsel for the respondent has strenuously opposed the petition and vehemently argued that the convenience of the parties is not a relevant factor in the matter of transfer of a proceedings from one Court to another and he has placed heavy reliance of the Apex Court in D.A.V. Boys Sr. Sec. School Vs. D.A.V. College Managing Committee reported in 2010(5) CTC 618. 5. I have perused the said judgment. 6. The said judgment did not arise out of a matrimonial dispute and it is relating to a civil dispute. Section 19 (iii-a) of the Hindu Marriage Act has made it clear that the wife can seeks transfer to the place, where she is residing. Section 19 (iii-a) of the Hindu Marriage Act is extracted hereunder "19. Court to which petition shall be presented.- Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction.- (iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition." 7. As stated above, it is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of wife shall be given preference. Therefore, I am of the view that the petition filed by the wife is liable to be allowed. 8. As stated above, it is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of wife shall be given preference. Therefore, I am of the view that the petition filed by the wife is liable to be allowed. 8. Accordingly, the petition is allowed and H.M.O.P. No. 493 of 2012 on the file of the Family Court, Madurai, is hereby withdrawn and transferred to the file of the Sub Court, Srivilliputhur, if the same is not yet disposed of. The learned Family Court, Madurai, is directed to send the case bundles to the Court of the learned Sub Court, Srivilliputhur, immediately. The learned Sub Court, Srivilliputhur, is directed to try the said case along with H.M.O.P. No. 139 of 2012 jointly. The Registry is also directed to send back the papers that are pending before the Registry. No costs. Consequently, connected miscellaneous petitions are also dismissed.