R.Malathi, v. M.Akash
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025
CORAM
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN Tr.CMP.(MD)No.271 of 2025 and C.M.P.(MD)No.7185 of 2025 R.Malathi .. Petitioner/Respondent Vs.
M.Akash .. Respondent/Petitioner Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in H.M.O.P. No.39 of 2025 on the file of the Principal Subordinate Court, Thirumangalam, Madurai District, and transfer the same to the file of the Subordinate Court, Dindigul District.
For Petitioner : Mr.S.Moorthy For Respondent: No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.39 of 2025 on the file of the Principal Subordinate Court, Thirumangalam, Madurai District, and transfer the same to the file of the Subordinate Court, Dindigul.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 18.05.2019 at Vadipatti Anjaneyar Kovil at Madurai District, as per the Hindu Rites and Customs and no issues to them.
3. Due to disputes and differences, the parties have separated, and the petitioner/wife has initiated the proceeding in DVOP.No.7 of 2025 before the learned Judicial Magistrate, Nilakottai, Dindigul District. The respondent/husband has initiated the proceeding in H.M.O.P.No.39 of 2025 before the Sub Court, Thirumangalam seeking divorce on the ground of cruelty.
4. The learned counsel for the petitioner would submit that the petitioner/wife is now residing at Dindigul District under the care and custody of her parents. The distance between Dindigul and Madurai, is around 66 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing. Hence, she seeks to allow this petition as prayed for.
5. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition.
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 by travelling an 2 hour journey to reach the the Subordinate Court, Thirumangalam, Madurai District, situated 66 km away from her domicile, incurring huge expense, this court inclines to allow the petition.
10. The learned Judge, the Subordinate Court, Thirumangalam, Madurai District, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.39 of 2025 to the file of the Subordinate Court, Dindigul 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 Subordinate Court, Dindigul District, is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.
11. Accordingly, these Transfer Civil Miscellaneous Petition stand allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.
27.06.2025 Index:Yes/No Speaking Order :Yes/No dss
K.K.RAMAKRISHNAN , J.
dss To 1.The Subordinate Court, Thirumangalam, 2.The Subordinate Court, Dindigul District.
TTr.CMP.(MD)No.271 of 2025 and C.M.P.(MD)No.7185 of 2025 27.06.2025