Lydia Jeyakodi Kalayarasi v. Jai Fredaric

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.704 of 2024 and C.M.P(MD)No.16949 of 2024 Lydia Jeyakodi Kalayarasi : Petitioner Vs.

Jai Fredaric : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the petition in I.D.O.P.No.340 of 2023 on the file of the Family Court, Thanjavur and transfer the same to the file of the Family Court, Pudukkottai.

For Petitioner : Mr.N.Yesudasan For Respondent : No Appearance

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the petition in I.D.O.P.No.340 of 2023 on the file of the Family Court, Thanjavur and transfer the same to the file of the Family Court, Pudukkottai.

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2. It is evident from the records that the marriage between the parties was solemnized on 01.05.2009 and due to their wed-lock, they were blessed with two female children. It is not in dispute that the respondent has filed a petition in I.D.O.P.No.340 of 2023, seeking divorce and the same is pending on the file of the Family Court, Thanjavur.

3.The learned counsel for the petitioner would submit that the petitioner is a middle school Teacher and was earlier working at Thanjavur and that subsequently, she was transferred to Pudukkottai vide order, dated 06.08.2024 and she is having two female children and now she is residing at Pudukkottai and finds it very difficult to travel to Thanjavur to attend the hearings.

4. The learned counsel for the petitioner has also produced the copy of the transfer order, dated 06.08.2024 and would submit that the petitioner undertakes to not to file any transfer petition further on the ground of transfer.

5. Despite receipt of notice, the respondent has not turned up. 2/5

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 facts and circumstances of the case and taking note of the fact that the petitioner is residing at Pudukkottai along with two female children, this Court is of the view that the petition in I.D.O.P.No.340 of 2023, is ordered to be withdrawn from the file of the Family Court, Thanjavur and 3/5

transfer the same to the file of the Family Court, Pudukkottai. Accordingly, the learned Judge, Family Court, Thanjavur, is hereby directed to transmit the entire records in I.D.O.P.No.340 of 2023 to the file of the Family Court, Pudukkottai 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, Pudukkottai, 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.

30.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Judge, Family Court, Thanjavur.

2.The Judge, Family Court, Pudukkottai.

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.704 of 2024 and C.M.P(MD)No.16949 of 2024 30.01.2025 5/5