G LAVANYA Vs. BINDU ALIAS R SAKTHIVEL

JUDGEMENT

(1.) H. M. O. P. No. 17 or 2004 initiated by the husband/respondent is now pending on the file of the Sub-Court, Tiruppathur, vellore District. The said petition was filed for divorce. Wife is before this court in this transfer petition to have that case withdrawn from the Sub-Court, tiruppathur to the file of Principal Family Court at Chennai for disposal.

(2.) HEARD the learned counsel on either side. Perused the affidavit filed in support of the application for transfer. Two or three grounds are put forth in this application for transfer and they are as here under: (a) it is very difficult for the wife to travel from chennai to Tiruppethur to attend every hearing; (b) since the petitioner is a resident of Chennai and she having no relatives in Tiruppathur, she is not able to spend money in meeting the litigation expenses, especially when her father is a retired person; and c) the defence, which is going to be brought before the sub-Court, Tiruppathur in resisting the claim for divorce (sum and substance of which is revealed in the petition) would show that she will have no peace of mind to face the proceeding in a conducive atmosphere. I applied my mind to the above grounds. Since the case is now pending before the Sub-Court, the parties to the proceedings can always be defended by lawyers and personal appearance of the parties for each and every hearing is not called for. The appearance as the parties to the proceedings pending before the Sub-Court may be necessary at the time of trial or during trial. Therefore, the first ground put forth in this application does not survive. As far as the difficulty in travelling to Tirupatthur is concerned, it is hardly a distance of 220 Kms. from Chennai, which is well connected by trains and buses. If the petitioner finds any difficulty in meeting the expenses of travel and to defend her case by engaging a lawyer, Section 24 of the Hindu Marriage Act gives her the necessary relief and she can always work out her rights under Section 24 of the Hindu Marriage Act. As far as the ground projected based on the possible defence, which the wife may take before the trial Court, in my opinion, that would be a case in every matter and if it is taken as a ground for transfer, then I have no doubt at all that whatever be the place where the husband files proceedings under the Hindu Marriage Act, it has to be necessarily shifted to the place where the wife resides.