A.G. AYYATHURAI Vs. K. ELAKIYA

JUDGEMENT

(1.) The petitioner has filed the transfer petition seeking the transfer of HMOP No.113 of 2016 pending on the file of the Sub-Court, Kancheepuram to the District Court, Kancheepuram.

(2.) From the materials placed on record, it is seen that as per the case of the petitioner, the marriage between the petitioner and the respondent had been conducted even before they had attained majority on 18.02.2008 and accordingly, seeking annulment of the said marriage, it is found that the suit in O.S.No.160 of 2009 had been laid by the petitioner on the file of the District Munsif Court, Kancheepuram. It is seen that the said plaint had been returned by the concerned Court for presentation before the proper Court stating that the concerned Court is not the competent Court. The said order is found to have been passed by the District Munsif Court, Kancheepuram on 01.02.2012. Following the same, it is found that the petitioner has laid the proceeding against the respondent in HMOP No.99 of 2013 on the file of the Sub-Court, Tambaram for dissolving the marriage between the petitioner and respondent. As could be seen from the materials placed on record, the abovesaid petition is found to have been levied in the month of February, 2013. The respondent is contesting the abovesaid proceeding by way of filing a counter. Further, it is also found that at the instance of the respondent, the abovesaid proceeding had been transferred from the file of the Sub-Court, Tambaram to the file of the Sub-Court, Kancheepuram as per the order dated 07.09.2015 in Tr.CMP.No.616 of 2014 of this Court. Seeking the transfer of the abovesaid proceeding to the file of the District Court, Kancheepuram, the present petition has come to be laid by the petitioner.

(3.) The only ground that has been focused by the petitioner for seeking the transfer is that inasmuch as the marriage between the parties had been performed during their minority and as according to the petitioner, the said marriage is voidable at the option of a contracting party, who was a child, at the time of the marriage, according to the petitioner, as per the Section 3(1) of the Prohibition of Child Marriage Act, 2006, a petition for annulling a child marriage by a decree of nullity should be filed in the District Court only by a contracting party, who was child at the time of marriage, on that premise, seeking transfer of the proceeding from the Sub-Court, Kancheepuram to the District Court, Kancheepuram, the present transfer petition has come to be laid by the petitioner.