Tr.C.M.P.No.480 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.01.2025 CORAM : THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.480 of 2024 & C.M.P.No.9911 of 2024 R.Dharani .. Petitioner Vs S.T.Saaswath Rep.by his mother Power of Attorney Holder K.Ranganayaki .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in H.M.O.P.No.571 of 2023 pending on the file of the learned Family Court, Salem and transfer the same to the file of the learned Family Court, Chennai. For Petitioner : Mr.G.Jermiah For Respondent : Mr.B.Gopalakrishnan O R D E R This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.571 of 2023 from the file of the learned Family Court, Salem and transfer the same to the file of the learned Family Court, Chennai. 1/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.480 of 2024 2. I heard both sides. I have gone through the affidavit. 3. The petitioner married the respondent on 03.06.2022. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.571 of 2023 for divorce before the learned Family Court, Salem. Pleading that the wife is residing in Chennai and unable to travel from Chennai to Salem, she has moved this transfer petition. 4. The Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication to the Court that the convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, the convenience of the wife should be given a superior consideration than that of the husband. As the distance between Chennai and Salem is considerable, I am inclined to accept the transfer. 5.Accordingly, H.M.O.P.No.571 of 2023 is withdrawn from the file of the learned Family Court, Salem and transferred to the file of the learned Family Court, Chennai. 2/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.480 of 2024 6. The Family Court need not insist upon the appearance of the husband on all hearing dates. For non-essential and procedural hearings, the husband will be represented by a counsel. He shall however present himself before the Court when the Trial Court passes a specific order for his appearance or when his presence is indispensable. 7.With the above observations, the Transfer Petition is ordered. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No KST To 1.The Family Court, Salem. 2.The Family Court, Chennai. 3/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.480 of 2024 V. LAKSHMINARAYANAN,J. KST Tr.C.M.P.No.480 of 2024 & C.M.P.No.9911 of 2024 24.01.2025 4/4 https://www.mhc.tn.gov.in/judis