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Issues involved: Transfer of matrimonial case u/s Divorce Act, 1869 from Chengleput to Chennai or Thiruvallur.
The petitioner, wife of the respondent, sought transfer of the matrimonial case from Chengleput to Chennai Family Court due to difficulties in attending court in Chengleput and feeling unsafe. The respondent, an advocate, opposed the transfer, citing embarrassment in front of colleagues and advocating for transfer to Thiruvallur District Court instead. The petitioner alleged difficulties in traveling to Chengleput and safety concerns, while the respondent, an advocate, argued against the transfer to Chennai Family Court, emphasizing embarrassment and proposing Thiruvallur District Court as an alternative. The petitioner's counsel referred to a Supreme Court decision supporting transfer requests based on convenience, while the respondent's counsel cited an Orissa High Court decision denying transfer based on safety concerns alone. Previous decisions of the Madras High Court were also mentioned where transfer requests were allowed based on convenience. The Supreme Court's stance on transfer requests was discussed, highlighting the need for valid grounds beyond convenience and the husband's responsibility to cover travel expenses. The Court emphasized the need to avoid misuse of leniency shown towards women in transfer petitions. The Court considered the embarrassment the respondent would face in having his matrimonial issues dealt with in Chennai Family Court where he practices as an advocate, among colleagues and clients. Ultimately, the matrimonial case was transferred from Chengleput to Tiruvellore District Court for disposal, taking into account the circumstances of the case. In conclusion, the Court directed the transfer of the matrimonial case to Tiruvellore District Court and disposed of the case without costs, closing the connected M.P.
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