M.Arthi Vigneshwari v. Ramakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.15187 of 2024 M.Arthi Vigneshwari ... Petitioner Vs.

Ramakrishnnan represented by his lawful Power Agent Krishnan ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer O.P.No.414 of 2024 on the file of Sub Court, Alandur to Sub Court, Devakottai.

For Petitioner : Mr.H.Lakshmi Shankar For Respondent : Mr.P.Anandha Kumar

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the 1/6

case on the file of the Subordinate Court, Alandur, in O.P.No.414 of 2024 and transfer the same to the file of the Subordinate Court, Devakottai.

2. Heard the learned counsel on either side. The respondent has filed a counter affidavit.

3. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 24.11.2021. It is not in dispute that earlier the respondent has filed a petition in O.P.No.442 of 2023 before the Subordinate Court, Alandur and the same was withdrawn by the respondent and that subsequently the respondent through his father as power agent has filed a petition in O.P.No.414 of 2024 seeking divorce and the same is pending on the file of the Subordinate Court, Alandur. It is also not in dispute that the respondent is now residing at USA and is prosecuting the OP through his father as power agent.

4. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Karaikudi and finds it difficult to travel from Karaikudi to Alandur to attend the hearings. 2/6

5. The learned counsel appearing for the respondent would submit that the respondent's father is a senior citizen having health issue and finds it difficult to travel.

6. But the facts remains, the respondent has filed the petition through his father and the same is pending on the file of the Subordinate Court, Alandur.

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 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 3/6

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. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Karaikudi, this Court is of the view that the case in O.P.No.414 of 2024 is ordered to be withdrawn from the file of the Subordinate Court, Alandur, and transfer the same to the file of the Subordinate Court, Devakottai. Accordingly, the learned Subordinate Judge, Alandur, is hereby directed to transmit the entire records in O.P.No.414 of 2024 to the file of the Subordinate Court, Devakottai, 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 Subordinate Judge, Devakottai, is directed to take up the petition on file and proceed in accordance with law.

9. With the above direction, the Transfer Civil Miscellaneous 4/6

Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

03.01.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Subordinate Judge, Alandur.

2. The Subordinate Judge, Devakottai.

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.15187 of 2024 Dated : 03.01.2025 6/6