Nivetha v. S.Saravanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.14714 of 2024 Nivetha ... Petitioner Vs.

S.Saravanan ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the petition in H.M.O.P.No.34 of 2024 on the file of the Subordinate Court, Nagapattinam and transfer the same to the Family Court, Trichy.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.I.Sriharisurya

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case from the file of the Subordinate Court, Nagapattinam, in H.M.O.P.No. 34 of 2024 and transfer the same to the file of the Family Court, Trichy. 1/6

2. Heard the learned counsel on either side.

3. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 03.06.2022. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.34 of 2024 seeking restitution of conjugal rights and the same is pending on the file of the Subordinate Court, Nagapattinam. It is also not in dispute that the petitioner has filed a petition in H.M.O.P.No.427 of 2024 seeking divorce and the same is pending on the file of the Family Court, Tiruchirappalli.

4. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Woraiyur, Trichy and finds it difficult to travel to Nagapattinam to attend the hearings.

5. The learned counsel appearing for the respondent would submit that the respondent is having objection to transfer the case and in case of transfer, the case may be transferred to any place in between Trichy and Nagapattinam.

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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 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 :

"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. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Trichy and also the fact 3/6

that the petitioner's divorce petition has already been pending before the Family Court, Trichy, this Court is of the view that the case in H.M.O.P.No.34 of 2024 is ordered to be withdrawn from the file of the Subordinate Court, Nagapattinam, and transfer the same to the file of the Family Court, Trichy. Accordingly, the learned Subordinate Judge, Nagapattinam, is hereby directed to transmit the entire records in H.M.O.P.No.34 of 2024 to the file of the Family Court, Trichy, 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 Judge, Family Court, Trichy, is directed to take up the petition on file and proceed in accordance with law.

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

31.01.2025 NCC :yes/No Index :yes/No Internet:yes/No csm 4/6

To

1. The Subordinate Judge, Nagapattinam.

2. The Judge, Family Court, Trichy.

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

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.14714 of 2024 Dated : 31.01.2025 6/6