Nivetha v. Shenbagaraajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.249 of 2025 and C.M.P.(MD)No.6579 of 2025 Nivetha .. Petitioner Vs.

Shenbagaraajan .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.41 of 2024 on the file of the Family Court, Chengalpattu and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.S.Poornachandran For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw H.M.O.P.No.41 of 2024 on the file of the Family Court,

Chengalpattu and transfer the same to the Family Court, Madurai.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 08.09.2019 at Tamil Nadu Chamber of Commerce Pavala Vila Arangam, Madurai, as per the Hindu Rites and Customs. During their wedlock, one male child, was born on 27.05.2020.

3. Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated a proceeding in H.M.O.P.No.41 of 2024, on the file of the Family Court, Chengalpattu, seeking divorce.

4. The learned counsel appearing for the petitioner/wife submits that his client is living in Narayanapuram, Madurai District, with her minor child and she was taken care of by her parents. The distance between the petitioner's residence to Chengalpattu is around 450 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing along with her minor child. Hence, she seeks transfer of proceeding

in H.M.O.P.No.41 of 2024 from the file of the Family Court, Chengalpattu, to the file of the Family Court, Madurai District.

5. Even though notice was served upon the respondent, he did not chose to appear before this Court either in person or through Counsel.

6. Heard the learned counsel appearing for the learned counsel for the petitioner and perused the materials available on records.

7. 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 dealt with the position generally, that it is the wife's convenience, which must be looked into 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."

8. It is also well settled proposition of law that whenever a transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife's convenience shall be given preference.

9. Considering the overall facts and circumstances of the case and also taking into account of the inconvenience expressed by the petitioner in attending every court hearing with her child by travelling an 12 hour journey to reach the Family Court at Chengalpattu situated 450 km away from her Domicile, namely, Narayanapuram, Madurai District, incurring

huge expense, this court inclines to allow the petition.

10. The learned District Judge, Family Court, Chengalpattu, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.41 of 2024, to the file of the learned District Judge, Family Court, Madurai District, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned District Judge, Family Court, Madurai District, is directed to take the case on file and dispose of the case as expeditiously as possible in accordance with law.

11. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

11.06.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No TM

To 1.The District Judge, Family Court, Chengalpattu. 2.The District Judge, Family Court, Madurai.

K.K. RAMAKRISHNAN , J.

TM Tr.CMP.(MD)No.249 of 2025 and C.M.P.(MD)No.6579 of 2025 11.06.2025