Veeralakshmi v. Gowri Shankar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.275 of 2025 and C.M.P.(MD)No.7253 of 2025 Veeralakshmi .. Petitioner Vs.
Gowri Shankar .. Respondent 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.200 of 2025 on the file of the Family Court, Salem and transfer the same to the file of the Sub Court, Tenkasi, Tenkasi District.
For Petitioner : Mr.M.Ramkumar For Respondent :Mr.Gowri Shankar (Party-in-Person)
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.200 of 2025 on the file of the Family Court, Salem and transfer the same to the file of the Sub Court, Tenkasi, Tenkasi District.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 14.06.2019 as per the Hindu Rites and Customs at Arulmigu Chokkar Sree Meenakshi Sudhareswar Thiru Kovil, Rajapalayam. Out of the above said wedlock, they are blessed with one girl baby.
3. Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated the proceeding in H.M.O.P.No. 200 of 2025 before the Family Court, Salem, seeking divorce.
4. The learned counsel appearing for the petitioner/wife submits that his client is living in Sivagiri, Tenkasi District and she was taken care
of by her parents along with her child. The distance between the petitioner's residence to Salem, is around 400 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in H.M.O.P.No.200 of 2025 from the file of the Family Court, Salem, to the file of the Sub Court, Tenkasi.
5. On receipt of notice, the respondent appeared before this Court in person and vehemently opposed to allow this petition.
6. Heard the learned counsel appearing for the learned counsel for the petitioner as well as the respondent 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 five hours journey to reach the Family Court, Salem, situated 400 kms away from her Domicile, namely, Sivagiri, incurring huge expense, this court inclines to allow the petition.
10. The learned District Judge, Family Court, Salem is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No. 200 of 2025, to the file of the learned Subordinate Judge, Tenkasi, Tenkasi 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 learned Subordinate Judge, Tenkasi, Tenkasi District, is directed to take the case on file, try the same 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.
05.08.2025
Index :Yes/No Speaking Order :Yes/No :Yes/No TM To 1.The District Judge, Family Court, Salem.
2.The Subordinate Judge, Tenkasi, Tenkasi District.
K.K. RAMAKRISHNAN , J.
TM Tr.CMP.(MD)No.275 of 2025 and C.M.P.(MD)No.7253 of 2025 05.08.2025