Vasantha v. Alagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.302 of 2025 and C.M.P.(MD)No.7394 of 2025 Vasantha .. Petitioner/Respondent Vs.

Alagar .. Respondent/Petitioner Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.5 of 2025 on the file of the Family Court, Sivagangai and to transfer the same to the Sub Court, Aruppukottai.

For Petitioner : Mr.V.Sasi Kumar For Respondent : Mr.M.Kannan

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case in I.D.O.P.No.5 of 2025 on the file of the Family Court, Sivagangai, and transfer the same to the file of the Sub Court, Arupukottai.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 16.05.2010 at Konthagai Village, Sivagangai District, as per the Christian Rites and Customs. During their wedlock, a male child was born on 09.04.2011and a female child, was born on 01.03.2013.

3. Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated a proceedings in H.M.O.P.No.5 of 2025, before the Family Court, Sivagangai, seeking divorce.

4. The learned counsel appearing for the petitioner/wife submits that now the petitioner is living in Kariapatti Taluk, Virudhunagar District with her age old mother. The distance between the petitioner's domicile to the Family Court, Sivagangai, is around 200 Km, and being a lady with a age old mother, she finds it difficult to travel such a long distance for attending every Court hearing. Hence, he seeks to allow this petition as prayed for.

5. The learned counsel for the respondent filed a counter affidavit stating that the children are aged about 14 years and 12 years and are also studying 9th and 7th standard. They are living with the respondent, and he is the only person taking care of them. Hence, he prayed for dismissal of the petition.

6. Considering the rival submissions made by the counsel 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 fact that the petitioner has no other relative except her parents and also taking into account of the inconvenience expressed by the petitioner in attending every Court hearing with age old mother by travelling an 3 hour journey to reach the Family Court, Sivagangai, situated 200 km away from her domicile, incurring huge expense, this court inclines to allow the petition.

10. The learned District Judge, Family Court, Sivagangai, is hereby directed to transfer the entire records pertaining to the case in H.M.O.P.No.5 of 2025, to the file of the learned District Judge, Sub Court, Aruppukottai, 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 learned District Judge, Sub Court, Aruppukottai, is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

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

21.07.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No dss

K.K. RAMAKRISHNAN , J.

dss To 1.The Family Court, Sivagangai.

2.The Sub Court, Aruppukottai.

Tr.CMP.(MD)No.302 of 2025 and C.M.P.(MD)No.7394 of 2025 23.07.2025