B.Priya v. K.Krishnan Alias Shivachandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.731 of 2024 and C.M.P.(MD)No.17545 of 2024 B.Priya .. Petitioner Vs.
K.Krishnan @ Shivachandran .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case bearing O.P.No.855 of 2023 on the file of the Hon'ble Subordinate Court, Alandur, Chennai and subsequently transfer the same to the file of the Hon'ble Subordinate Court, Tirunelveli forthwith.
For Petitioner : Mr.G.Rajaraman For Respondent : Mr.B.Ponnupandi
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case bearing O.P.No.855 of 2023 on the file of the Hon'ble Subordinate Court, Alandur, Chennai and subsequently transfer the same to the file of the Hon'ble Subordinate Court, Tirunelveli forthwith. Page No 1 of 6
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 27.08.2017 at Maha Rasi Mahal at K.T.C. Nagar, Thuthookudi Road, Tirunelveli District, as per the Hindu Rites and Customs. During their wedlock, a female child was born on 12.02.2019.
3. Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated a proceeding in O.P.No.855 of 2023, on the file of the Subordinate Court, Alandur, Chennai, seeking divorce.
4. The learned counsel appearing for the petitioner/wife submits that his client has one female child and she along with her child are residing at her hometown Tirunelveli and they are taken care of by her parents. The distance between the petitioner's hometown to Chennai is around 650 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in O.P.No.855 of 2023 from the file of the Subordinate Court, Alandur, Chennai to the file of the Subordinate Court, Tirunelveli.
5. The learned counsel for the respondent requested this Court to fix a central place convenient for both the parties. Page No 2 of 6
6. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on records.
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 dealt with the position generally, that it is the wife's convenience, which must be looked into 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."
8. It is also well settled proposition of law that whenever a transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife's convenience shall be given preference. Page No 3 of 6
9. Considering the overall facts and circumstances of the case, and considering the convenience of the wife, this Court is inclined to allow the petition.
10. The learned Subordinate Judge, Alandur, Chennai, is hereby directed to transfer the entire records pertaining to the case, in O.P.No.855 of 2023, to the file of the Subordinate Judge, Tirunelveli within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Subordinate Judge, Tirunelveli is directed to take the case on file and dispose of the case as expeditiously as possible in accordance with law.
11. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.
05.06.2025 Index:Yes/No Speaking Order :Yes/No rgm Page No 4 of 6
To 1.The Subordinate Court, Alandur, Chennai
2. The Subordinate Court, Tirunelveli Page No 5 of 6
K.K. RAMAKRISHNAN , J.
rgm Tr.CMP.(MD)No.731 of 2024 and C.M.P.(MD)No.17545 of 2024 05.06.2025 Page No 6 of 6