S.Chitra v. M.Muthuvijaykumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.674 of 2024 and C.M.P(MD)No.16205 of 2024 S.Chitra : Petitioner Vs.

M.Muthuvijayakumar : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.1218 of 2024 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Ambasamudram.

For Petitioner : Mr.T.M.Lankaram For Respondent : No Appearance

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H.M.O.P.No.1218 of 2024 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Ambasamudram.

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2. It is evident from the records that the marriage between the parties was solemnized on 20.01.2022. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.1218 of 2024, seeking divorce and the same is pending on the file of the Family Court, Madurai. It is also not in dispute that the petitioner has filed a petition in H.M.O.P.No.139 of 2024, seeking restitution of conjugal rights and the same is pending on the file of the Sub Court, Ambasamudram.

3.The learned counsel for the petitioner would submit that the petitioner is residing at Ambasamudram along with her mother and finds it very difficult to travel to Madurai to attend the hearings.

4.Despite receipt of Court notice, the respondent has not turned up.

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 taking note of the fact that the petitioner is residing at Ambasamudram and also the fact that the petition in H.M.O.P.No.139 of 2024 is pending on the file of the Sub Court Ambasamudram, this Court decides that the case in H.M.O.P.No.1218 of 2024, is ordered to be withdrawn from the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Ambasamudram. Accordingly, the learned Judge, Family Court, Madurai, is hereby directed to transmit the entire records in H.M.O.P.No.1218 of 2024 to the file of the Sub Court, Ambasamudram, within a period of 10 days from the date of receipt of a copy 3/5

of this order and on receiving the case bundle, the learned Subordinate Judge, Ambasamudram, 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.

12.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Ambasamudram.

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.674 of 2024 and C.M.P(MD)No.16205 of 2024 12.12.2024 5/5