S.CHITRA Vs. A.ANAND KUMAR

JUDGEMENT

(1.) The wife is the petitioner and the husband is the respondent in the transfer Civil Miscellaneous Petition. The husband filed H.M.O.P.No.141 of 2015 on the file of the Subordinate Court, Kancheepuram, which is now pending on the file of the Subordinate Judge, Kancheepuram, under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 to dissolve the marriage between them. The wife has now come forward with the present petition for transferring the said H.M.O.P. to the file of the Family Court, Chennai to be tried along with another petition filed by her, namely H.M.O.P. No. 4627 of 2015 for restitution of conjugal rights.

(2.) The arguments advanced by Mr. J. Nandagopal, learned counsel for the petitioner and by Mr. J. Sudhakaran, learned counsel for the respondent are heard.

(3.) Admittedly, the parties are Hindus and their marriage was solemnised in accordance with the provisions of the Hindu Marriage Act, 1955. The H.M.O.P. for dissolution of marriage by a decree of divorce also came to be filed under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955. Sec. 19[iii-a] of the Hindu Marriage Act, 1955 has been included in the statute to protect the interest of the wife so far as the selection of jurisdiction is concerned. Though the husband's petition can be filed in the Courts having jurisdiction over the place of marriage, place wherein the respondent/wife resides or where both the husband and wife last resided together, sub clause [iii-a] enables the wife to file the petition in the Court having jurisdiction over the place in which she resides. Such a concession is not available to the husband, namely, to file a suit [OP] in a Court having jurisdiction over the place in which he resides.