T.Maidili v. S.Prabhu
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.417 of 2025 and C.M.P.(MD)No.11289 of 2025 T.Maidili ... Petitioner/Respondent Vs.
S.Prabhu .. Respondent/Petitioner Prayer : Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, to transfer H.M.O.P.No.100 of 2025 pending on the file of the Sub Court, Ambattur to the Family Court, Karur. For Petitioner : Mr.S.Murali 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.100 of 2025 from the file of the Sub Court, Ambattur, and transfer the same to the file of theFamily Court, Karur.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 08.12.2021 at Arulmigu Kasi Viswanathar Temple, Thathaiyangarpettai, Trichy District, as per the Hindu Rites and Customs. Out of wedlock, one male child was born on 19.12.2022.
3. Due to some matrimonial discord, the parties have separated. Therefore, the petitioner/wife filed a maintenance petition in M.C.No.31 of 2024 before the Family Court, Karur and the same was allowed by directing the respondent herein to pay a sum of Rs.12,000/- per month to the petitioner. Subsequently, the respondent/husband also initiated a proceedings in H.M.O.P.No.100 of 2025 from the file of the Sub Court, Ambattur, seeking divorce.
4. The learned counsel appearing for the petitioner/wife submits that now the petitioner is living at Karur District with her minor child. The distance between the petitioner's domicile to Ambattur is around 380 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. 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 with her minor child by travelling an 7 hour journey to reach the Sub Court, Ambattur, situated 380 km away from her domicile, incurring huge expense, this court inclines to allow the petition.
10. The learned Sub Court, Ambattur, is hereby directed to transfer the entire records pertaining to the case in H.M.O.P.No.100 of 2025, to the file of the learned District Judge, Family Court, Karur, 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, Family Court, Karur, 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.
08.08.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No dss To 1.The Sub Court, Ambattur.
2.The Family Court, Karur.
K.K. RAMAKRISHNAN , J.
dss Tr.CMP.(MD)No.417 of 2025 and C.M.P.(MD)No.11289 of 2025 08.08.2025