Rathna v. Iyyappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.684 of 2024 and C.M.P(MD)No.16364 of 2024 Rathna : Petitioner Vs.

Iyyappan : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.P.O.No.145 of 2024 on the file of the Family Court, Tirunelveli and transfer the same to the Family Court, For Petitioner : Mr.K.Navaneetharaja For Respondent : Mr.R.Selvin Rajesh

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H.M.P.O.No.145 of 2024 on the file of the Family Court, Tirunelveli and transfer the same to the Family Court, Madurai. 1/6

2. It evident from the records that the marriage between the parties was solemnized on 12.09.2022. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.145 of 2024, seeking divorce and the same is pending on the file of the Family Court, Tirunelveli.

3. The learned counsel for the petitioner would submit that the petitioner was previously working at Jeyachandran Gold House, Chennai and subsequently shifted to Madurai and now she is residing along with her maternal aunt at Madurai and working as part time accountant in a private firm,

4. The learned counsel for the respondent would submit that the petitioner even now is working in Jeyachandran Gold House, Chennai. But he has not produced any material/evidence to substantiate the same. Whatever it is, the petitioner has filed an affidavit and produced the copy of the Family Card of one Malliga Rajapandi relative of the petitioner to show that she is residing at 2/6

5.The learned counsel for the petitioner would submit that the petitioner has also filed an undertaking affidavit stating that she will not ask for any further transfer to any other District in future.

6. The learned counsel for the respondent would submit that the respondent is having objections to transfer the case.

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 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 3/6

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. At this juncture, the learned counsel for the respondent would submit that the personal appearance of the respondent before the trial Court may be dispensed with.

9. Considering the facts and circumstances of the case and considering the fact that the petitioner is residing at Madurai and also taking note of the undertaking affidavit, this Court is of the view that the petition in H.M.O.P. No.145 of 2024, is ordered to be withdrawn from the file of the Family Court, Tirunelveli and transfer the same to the file of the Family Court, Madurai. Accordingly, the learned Judge, Family Court, Tirunelveli, is hereby directed to transmit the entire records in H.M.O.P.No.145 of 2024 to the file of the Family Court, Madurai, 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, Madurai, is directed to take up the petition on file and proceed in accordance with law. The respondent is at liberty to approach the concerned Court for dispensing with personal appearance. If such application is filed, the learned Judge is directed to consider the same and pass orders. 4/6

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

29.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Tirunelveli.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, 5/6

K.MURALI SHANKAR, J.

DAS Order made in Tr.C.M.P (MD).No.684 of 2024 and C.M.P(MD)No.16364 of 2024 29.01.2025 6/6