Muthulakshmi v. Ashok

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.574 of 2024 and C.M.P(MD)No.13514 of 2024 Muthulakshmi : Petitioner Vs.

Ashok : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the petition in H.M.O.P.No.80 of 2024 on the file of the Principal Sub Court, Dindigul and transfer the same to the Sub Court, Srivaikundam.

For Petitioner : Mr.M.Pandian For Respondent : Mr.G.Vishnu Ram

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the petition in H.M.O.P.No.80 of 2024 on the file of the Principal Sub Court, Dindigul and transfer the same to the Sub Court, Srivaikundam. 1/5

2. It is evident from the records that the marriage between the parties was solemnized on 24.01.2024. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.80 of 2024 seeking divorce and is pending on the file of the Principal Sub Court, Dindigul. It is also not in dispute that the petitioner has filed a complaint invoking the provisions of Domestic Violence Act and the same is pending on the file of the Judicial Magistrate Court No.II, Srivaikumadam in D.V.C.No.9 of 2024.

3.The learned counsel for the petitioner would submit that the petitioner is residing at Thoothukudi, and hence, it is very difficult to travel to Dindigul to attend all the hearings.

4.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and also perused the records.

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 be looked at while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder : 2/5

"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 also fact that the petitioner is residing at Thoohtukudi District and also the fact that the case in D.V.C.No.9 of 2024 is pending on the file of the Judicial Magistrate Court No.II, Srivaikumadm, this Court is of the view that the case in H.M.O.P.No. 80 of 2024, is ordered to be withdrawn from the file of the Principal Sub Court, Dindigul and transfer the same to the file of the Sub Court, Srivaikundam. Accordingly, the learned Principal Sub Judge, Dindigul, is hereby directed to transmit the entire records in H.M.O.P.No.80 of 2024 to the Sub Court, Srivaikundam, within a period of 10 days from the date of receipt 3/5

of a copy of this order and on receiving the case bundle, the learned Subordinate Judge, Srivaikundam, is directed to take up the petition 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.

19.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Principal Sub Judge, Dindigul.

2.The Subordinate Judge, Srivaikundam.

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.574 of 2024 and C.M.P(MD)No.13514 of 2024 19.12.2024 5/5