Nanthini v. G.Chandrasekar
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.354 of 2025 and C.M.P.(MD)No.9731 of 2025 Nanthini ... Petitioner/Respondent Vs.
G.Chandrasekar .. 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.924 of 2024 on the file of the Subordinate Court, Alandur, Chennai, and transfer the same to the Family Court, Madurai.
For Petitioner : Mr.S.Velrajan For Respondent : No Appearance (Notice through Court and Post served)
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.924 of 2024 from the file of the Subordinate Court, Alandur, Chennai, and transfer the same to the file of 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 22.08.2024 at Sri Nachiyar Thirumana Mahal, Palayampatti, Aruppukkottai, Virudhunagar District, as per the Hindu Rites and Customs.
3. Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated a proceedings in H.M.O.P.No. 924 of 2024 before the Subordinate Court, Alandur, Chennai, seeking divorce and the petitioner/wife initiated a proceedings in H.M.O.P.No.537 of 2025, before the Family Court, Madurai, to annul the marriage between the petitioner and the respondent and the same is pending.
4. The learned counsel appearing for the petitioner/wife submits that now the petitioner is living at Madurai District. The distance between the petitioner's domicile to Chennai is around 500 Kms, and being a lady 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. Despite notice being served to the respondent, he has not chosen to appear before this Court either in person or through the counsel.
6. Heard the learned counsel appearing 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 8 hour journey to reach the Subordinate Court, Alandur, Chennai, situated 500 km away from her domicile, incurring huge expense, this court inclines to allow the petition.
10. The Subordinate Court, Alandur, Chennai, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.924 of 2024, to the file of the Family Court, Madurai, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the Family Court, Madurai, is directed to take the case on file, and try the same along with H.M.O.P.No.537 of 2025 already filed by the petitioner and dispose of the cases 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.
08.08.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No dss To 1.The Subordinate Court, Alandur, Chennai.
2.The Family Court, Madurai.
K.K. RAMAKRISHNAN , J.
dss Tr.CMP.(MD)No.354 of 2025 and C.M.P.(MD)No.9731 of 2025 08.08.2025