Ramya vs Linga Bhaskar

T. Mathivanan, J.—This petition is filed by the Petitioner after invoking the proviso to Section 24 of the CPC with the prayer to withdraw

the case in HMOP No. 1004 of 2010 from the file of the Family Court, Coimbatore and to transfer to the file of the Family Court, Madurai, for

disposing the same in accordance with law.

The facts led the Petitioner to come forward with this petition may be summarized as under:

The Petitioner and the Respondent are husband and wife. Their marriage was solemnized on 02.02.2003 at Chennai. After marriage, the Petitioner

and the Respondent were living in the matrimonial home at Coimbatore. Out of their wedlock, the Petitioner has begotten a female child, by name

Usha on 14.01.2005. From the date of marriage, the Petitioner had been facing cruelty at the hands of the Respondent as well as from her

parents-in-law in connection with the demand of dowry. Besides this, the Petitioner was also subjected to sexual torture at the hands of the

Respondent. Ultimately, the Petitioner had left her matrimonial home on 07.07.2008. Under this circumstance, the Respondent had filed a

Petitioner in HMOP No. 1004 of 2010 for divorce, on the file of the Family Court, Coimbatore, on the ground of cruelty and desertion. The

petition stood posted for hearing on 12.11.2010. Since, the Petitioner is having a female child at the age of five years and she is also studying in the

1st standard in a private school at Madurai, she finds it difficult to travel nearly for about 250 Kms. from Madurai to Coimbatore for the purpose

of attending the hearings and besides this, she is also suffering financially and whenever she goes to Coimbatore for attending the hearings, she has

to be accompanied with her relatives. Hence, the Petitioner has come forward with this petition for transfer.

Heard both sides.

The learned Counsel appearing for the Petitioner has submitted that unless and until, the case in HMOP No. 1004 of 2010 is transferred from

the file of the Family Court, Coimbatore, to the file of the Family Court, Madurai, the Petitioner would be definitely put under hardship.

In support of his argument, he has also placed reliance upon the following decisions:

In Theja V. Nagarjuna Vs. V. Nagarjuna, .

Lalita A. Ranga Vs. Ajay Champalal Ranga, ; and

In Geeta Heera v. Harish Chander Heera, (2000) 10 SCC 304 .

In all the above cited cases, wife had filed a petition for transfer pleading her financial difficulty as well as her physical inability to contest the

petition.

It may also be relevant to refer Section 19(iii-a) of the Hindu Marriage Act, 1955. Section 19(iii-a) has been inserted by Act 50(2003) by

Section 4, which came into effect from 23.12.2003.

Section 19 contemplates the jurisdiction of the Court to which petition shall be presented. Sub-clause (iii-a) to Section 19 has been specifically

inserted exclusively for the benefit of the women, it says that:

in case the wife is the Petitioner, where she is residing on the date of presentation of the petition.

On coming to the instant case on hand, the Petitioner has also stated that since she is having a female child at the age of 5 years and since, she

has also been studying in the 1st standard, she finds it difficult to go to Coimbatore for attending the Court for each and every hearing all along

from Madurai. The above decisions relied upon by the learned Counsel appearing for the Petitioner are also lending helping-hand to the case of the

Petitioner. It is pertinent to note here that the Petitioner has been residing at Madurai.

The learned Counsel for the Respondent has vehemently objected to transfer the case from the Family Court, Coimbatore, to the file of the

Family Court, Madurai. He has also submitted that as under contemplated u/s 24 of CPC Code, no valid grounds are assigned for transferring the

case and hence, he has urged that the petition is liable to be dismissed.

This Court has carefully perused the affidavit filed in support of the petition.

This Court has also considered the submissions made on behalf of both sides.

Having regard to the related facts and circumstances of this case, this Court is inclined to allow this petition.

Accordingly, this petition is allowed and the petition in HMOP No. 1004 of 2010 is ordered to be withdrawn from the file of the Family Court,

Coimbatore and transferred to the file of the Family Court, Madurai. The learned Additional District Judge, Family Court, Madurai, is directed to

dispose of the case within the stipulated time of three months under intimation to this Court. Consequently, connected Miscellaneous Petition is

closed. No costs.