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Madras High CourtTR CMP(MD)/279/2024allowed

Meenakshi v. A.John Sureshkumar

2025-01-08Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.279 of 2024 and C.M.P(MD)No.6349 of 2024 Meenakshi : Petitioner Vs.

1.A.John Sureshkumar 2.R.Dinakaran : Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in I.D.O.P.No.50 of 2014 on the file of the Family Court, Dindigul and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.M.Benazir Begum For Respondents : Mr.N.Mariappan, for R1.

: Ex-parte, for R2.

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in I.D.O.P.No.50 of 2014 on the file of the Family Court, Dindigul and transfer the same to the Family Court, Madurai. 1/5

2. It is evident from the records that the marriage between the petitioner and the first respondent was solemnized in the year 1990 and the marriage came to be registered on 10.06.1992. It is not in dispute that the first respondent has filed a petition in I.D.O.P.No.50 of 2014 before the Family Court, Dindigul, seeking divorce.

3. It is further evident that since batta was not paid, IDOP was ordered to be dismissed for default on 23.01.2015 and subsequently, at the instance of the respondent, the petition was restored to file vide order, dated 22.02.2024. 4.The learned counsel for the petitioner would submit that the petitioner is residing at Madurai and finds it very difficult to travel to Dindigul to attend all the hearings.

5.The learned counsel for the first respondent would submit that the first respondent's appearance before the Family Court may be dispensed with.

6. In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha reported in 2022 Live Law (SC) 627, the Hon'ble Supreme Court has 2/5

reiterated the position with generally, it is the wife's convenience, which must be looked at while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder : "The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.", the bench observed."

7. Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Madurai District, this Court is of the view that the case in I.D.O.P.No.50 of 2014, is ordered to be withdrawn from the file of the Family Court, Dindigul and transfer the same to the file of the Family Court, Madurai. Accordingly, the learned Judge, Family Court, 3/5

Dindigul, is hereby directed to transmit the entire records in I.D.O.P.No.50 of 2014 to the file of the Family Court, Madurai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family Court, Madurai, is directed to take up the petition on file and proceed in accordance with law.

8.With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. The respondent is at liberty to approach the concerned Court for dispensing with the personal appearance. No costs.

08.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Dindigul.

2.The Judge, Family Court, Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

DAS Order made in Tr.C.M.P (MD).No.279 of 2024 and C.M.P(MD)No.6349 of 2024 08.01.2025 5/5