R.Banusankari v. K.Praveen Alias Nagamanickam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.362 of 2025 and C.M.P.(MD)No.9938 of 2025 R.Banusankari ... Petitioner/Respondent Vs.
K.Praveen @ Nagamanickam .. Respondent/Petitioner Prayer : Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.701 of 2025 on the file of the Family Court, Madurai, and transfer the same to the file of the Subordinate Court, Sivakasi.
For Petitioner : Mr.V.Abilash Shankar For Respondent : Mr.B.Anandan
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.701 of 2025 from the file of the Family Court, Madurai, and transfer the same to the file of the Subordinate Court, Sivakasi.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 10.12.2021 at Kirakadurai Pavani Ammal Marriage Hall, Sivakasi, as per the Hindu Rites and Customs. During their wedlock, one male child, was born on 21.02.2023.
3. Due to some matrimonial discord, the parties have separated. Therefore, the wife/petitioner initiated a proceedings in M.C.No.14 of 2025 and D.V.C.No.14 of 2025 before the Judicial Magistrate Court No.II, Sivakasi and the respondent/husband also initiated a proceedings in H.M.O.P.No.701 of 2024, before the Family Court, Madurai, seeking restitution of conjugal rights.
4. The learned counsel appearing for the petitioner/wife submits that now the petitioner is living at Thiruthangal, Sivakasi District with her minor child. The distance between the petitioner's domicile to Madurai is around 50 Kms, and being a lady with a minor child, 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. Heard the learned counsel appearing for the petitioner and learned counsel for the respondent and perused the materials available on records.
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 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."
7. 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.
8. 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 minor child by travelling an 2 hour journey to reach the Family Court, Tirupur, situated 50 km away from her domicile, incurring huge expense, this court inclines to allow the petition.
9. The learned District Judge, Family Court, Madurai, is hereby directed to transfer the entire records pertaining to the case in H.M.O.P.No. 701 of 2025, to the file of the learned District Judge, Subordinate Court, sivakasi, 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, Subordinate Court, sivakasi, is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.
10. Accordingly, these Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petitions is closed. 08.08.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No dss To 1.The Family Court, Madurai.
2.The Subordinate Court, sivakasi.
K.K. RAMAKRISHNAN , J.
dss Tr.CMP.(MD)No.362 of 2025 and C.M.P.(MD)No.9938 of 2025 08.08.2025