Hajeerabanu v. Arshath

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.529 of 2024 and C.M.P(MD)No.12526 of 2024 Hajeerabanu : Petitioner Vs.

Arshath : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code, to withdraw the case in O.S.No.163 of 2023 on the file of the District Munsif Court, Madurai Taluk and transfer the same to the Principal District Munsif Court, Trichy.

For Petitioner : Mr.K.Sivabalan For Respondent : Mr.A.Muruga Boopathy Maharaja

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in O.S.No.163 of 2023 on the file of the District Munsif Court, Madurai Taluk and transfer the same to the Principal District Munsif Court, Trichy.

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2. It evident from the records that the marriage between the parties was solemnized on 14.08.2016. It is not in dispute that the respondent has filed a suit in O.S.No.163 of 2023, seeking divorce and the same is pending on the file of the District Munsif Court, Madurai Taluk. It is also not in dispute that the petitioner has also initiated the proceedings under the Domestic Violence Act, in D.V.C.No.22 of 2022 and the same is pending on the file of the Additional Mahila Court, Trichy.

3.The learned counsel for the petitioner would submit that the petitioner is residing at Trichy and finds it very difficult to travel from Trichy to Madurai to attend the hearings.

4.The learned counsel for the respondent would submit that the petitioner has been threatening the respondent and according to him, he has lodged a Police complaint.

5. 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 reiterated the position with generally, it is the wife's convenience, which must 2/5

be looked at 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."

6. Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Trichy District, this Court is of the view that the suit in O.S.No.163 of 2023, is ordered to be withdrawn from the file of the District Munsif Court, Madurai Taluk and transfer the same to the file of the Principal District Munsif Court, Trichy. Accordingly, the learned District Munsif, Madurai, is hereby directed to transmit the entire records in O.S.No.163 of 2023 to the file of the Principal District Munsif Court, Trichy, 3/5

within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Principal District Munsif, Trichy, is directed to take up the suit on file and proceed in accordance with law.

7. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

24.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The District Munsif, Madurai.

2.The Principal District Munsif, Trichy.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

DAS Order made in Tr.C.M.P (MD).No.529 of 2024 and C.M.P(MD)No.12526 of 2024 24.01.2025 5/5