This was just one of the many family disputes that have been filed with the Madras High Court where the women have to appear before the court for transfer, pointing out that it was not simple for them to get to the court that is located close to the residence of their husbands to proceed on divorce applications.

Transfer of a divorce request from Poonamallee Sub-Court to the family court in Tiruchy

Chennai: In a recently handed ruling, Justice SM Subramaniam of the Madras High Court ordered the transfer of a divorce request from Poonamallee Sub-Court to the family court in Tiruchy that the applicant, Kavitha who is a jobless mother of a newborn child to care for expressed the problems she faced in coming to Poonamallee frequently to witness hearings.

Women battling divorce court seeks assistance from Madras HC. Transfer of a divorce request from Poonamallee Sub-Court to the family court in Tiruchy
This was just one of the many family dispute cases that were filed before the Madras High Court where the women are required to go before the court for transfer, pointing out that it was not simple to get to the court located near the residence of their husbands to proceed in divorce cases.

One of these cases is Karthiga* from Hosur who was wed to Murugan* of Salem. A few years later, the couple was strained due to disagreements. She returned to her mother's home located in Hosur together with her daughter and Murugan filed a divorce application before a judge in Salem.

"As I'm not earning a living and must provide for my children and parents who are elderly I am unable to get to Salem. I'd like my case be handled at Hosur," she informed the court. In consideration of her plea, Justice Subramaniam passed a decision in her favor as well as transferred her case out of Salem in the Salem court to Hosur court.

 husband and wife live in the same district

The procedure was explained. Madras High Court advocate Ajitha explained that if husband and wife live in the same district they could file an application to the district court in order to transfer the case. "If it is inter-district, there is no other option than approaching the High Court," the advocate said to DT Next.

"There is no legal requirement that requires the spouse or husband to file divorce cases at a specific location. In accordance with the Hindu Marriages Act, 1955 the divorce petition could be submitted at home of the husband or the place where it took place marriage or the location where the couple lastly managed their family" attorney Ajitha noted.

Ajitha highlighted an order from Ajitha referred to an order of Supreme Court passed by the bench of Justice Adarsh Kumar Goel and Justice UU Lalit in 2017 in Krishnaveni Nigam Vs Harish Nigam.

 financial and travel problems

"The Supreme Court gave direction to establish video conference arrangements for hearing divorce cases in order that financial and travel problems will not be a problem for either party. The judges also stated that if it's necessary to appear before the court that is from the home of the wife or home, then the husband must take care of the expense of transportation and accommodation. The order was later rescinded after an appeals application was made," the advocate noted.

It's an issue that is automatic that must be handled by an administrative court, or High Court. "Pertaining to jurisdiction of divorce proceedings the amendment was passed in recent times to benefit the woman. It could be the house of her maternal family or, if it is located away from husband's or mother's homes the court proceedings can be held at a local court close to the place where she lives," Ajitha explained.

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