In Tr.CMP No.1189 of 2022-MAD HC- Madras HC orders transfer of restitution of conjugal rights case filed by husband to place where wife resides, takes note of her unemployment and responsibility to take care of her 11-month-old son
Justice S.M. Subramaniam [11-01-2023]

 

Read Order: P.NAVAMANI V. P.IYYAPPAN

LE Correspondent

Chennai, January 14, 2023: Referring to the judgments whereby the transfer petitions at the instance of the aggrieved wife have been allowed, the Madras High Court has allowed one such petition in A case of matrimonial dispute after considering the fact that the wife was unemployed, staying with her parents and she also had to manage her 11-month-old son.

Justice S.M. Subramaniam allowed the present Transfer Civil Miscellaneous Petition filed to withdraw the case from the file of the Sub Court at Alandur and transfer the same to the file of the Sub Court  at Nagapattinam. 

The Single Judge bench was of the view that in the present case, the transfer of the case had to be considered, since the petitioner was unemployed and taking care of an 11 months old male child.

The Bench also considered the fact that she had been residing along with her parents at Nagapattinam. 

The marriage between the petitioner-wife and the respondent husband was solemnised on January 25, 2021   as per Hindu Rites and Customs. One male child was born from the wedlock who was now 11 months old.  Due to some misunderstanding, the petitioner and the respondent were now living separately. The 11-month-old child was with the custody of the petitioner-wife.

After considering the rival contentions, the Court noted that the principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled.

“In the present case, the transfer of the case is to be considered, since the petitioner is unemployed and taking care of 11 months old male child and she is residing along with her parents at Nagapattinam. That being the case, the restitution of conjugal rights case filed by the respondent is to be transferred to the place, where the petitioner now resides”, the Bench held.

Thus, the Bench was inclined to transfer the case pending on the file of the Sub Court at Alandur to the file of the Sub Court at Nagapattinam. The Sub Court at Alandur was also directed to transmit the case papers to the Sub Court at Nagapattinam, within a period of four weeks.