M. ELAVARASI Vs. M. VEERAMANI

JUDGEMENT

(1.) The transfer civil miscellaneous petition has come up today for admission. Notice was served on the respondent privately with the permission of the court and proof of service has been filed. The name of the respondent has also been printed in the cause list. However, the respondent has not chosen to enter appearance either in person or through counsel to oppose the transfer civil miscellaneous petition. Hence this court deems it appropriate to pass orders after hearing the submissions to be made on behalf of the petitioner. Accordingly, the submissions made by Ms. Lashmidevi, learned counsel for the petitioner are heard. The materials produced in the form of typed set of papers are also perused.

(2.) 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. 50 of 2014 on the file of the Subordinate Court, Tiruvannamalai for a decree of divorce dissolving the marriage between them. The wife has now come forward with the present petition for transferring the said O.P. to the file of the Sub Court, Cuddalore within whose jurisdiction she resides.

(3.) Admittedly, the parties are Hindus and their marriage was solemnised in accordance with the provisions of the Hindu Marriage Act, 1955. The O.P. for dissolution of marriage by a decree of divorce also came to be filed under Sec. 13[1][i] of the Hindu Marriage Act, 1955. Section 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.