In matrimonial transfer petitions, the convenience of the wife is the primary consideration, as established by recent Supreme Court rulings.

ORDER :

P.Vadamalai, J.

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the petition in H.M.O.P.No.13 of 2024 on the file of the Sub Court, Thoothukudi and transfer the same to the Sub Court, Chengalpattu.

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the proceeding in H.M.O.P.No.78 of 2022 pending before the Principal Subordinate Court, Chengalpattu and transfer the same to the Subordiante Court, Thoothukudi District.

1.1 The petition in Tr.C.M.P(MD)No.329 of 2024 is filed by the petitioner/husband seeking an order to withdraw H.M.O.P.No.13 of 2024 on the file of the Sub Court, Thoothukudi and to transfer the same to the Sub Court, Chengalpattu.

1.2 The petition in Tr.C.M.P(MD)No.511 of 2024 is filed by the petitioner/wife seeking an order to withdraw H.M.O.P.No.78 of 2022 on the file of the Principal Sub Court, Chengalpattu and to transfer the same to the Sub Court, Thoothukudi.

2. For the sake of convenience, the parties as arrayed in Tr.C.M.P(MD)No.511 of 2024 is adopted.

3.The facts in brief:-

The petitioner is the wife of the respondent and their marriage was solemnized on 12.06.2013 at Pudukottai Village of Thoothukudi District. Out of wedlock, they were blessed with a daughter, who is now 9 years old. Due to misunderstandings between them, they are living separately. The respondent filed H.M.O.P.No.78 of 2022 before the Principal Sub Court, Chengalpattu, for divorce. The petitioner has filed H.M.O.P.No.13 of 2024 before the Sub Court, Thoothukudi, for restitution of conjugal rights.

4. The learned counsel for the petitioner/wife has submitted that the petitioner was driven out by the respondent and the petitioner with her daughter now residing along with her parents. They settled at Thoothukudi. Moreover, the petitioner’s daughter is studying in Amirtha Vidayalam at Thoothukudi. The petitioner finds it very difficult to travel long distances to attend the Court at Chengalpattu. The respondent/husband is not maintaining the petitioner. The convenience of the wife is to be considered in transfer of matrimonial cases. In support of his submission, the learned counsel relied on the order of the learned Single Judge of this Court passed in Tr.C.M.P.No.466 of 2023, dated 08.11.2023

5. The learned counsel for the respondent/husband objected the petition of wife. The learned counsel further submitted that in 2021, the respondent was suffering from Hemorrhoids and was admitted in the hospital, but the petitioner chose to go her parental home at Thoothukudi and never turned up. The respondent being sufferer of several ailments is maintaining his aged parents. The respondent finds it very difficult to travel. The petitioner’s brother is an advocate, who is practicing at Thoothukudi and her father also is a politician, who is the District Secretary of the political party. Therefore, the transfer may be considered to Madurai. In support of his submission, the learned counsel for the respondent relied on the citations reported in 1994 AIR 853 and 1994 SCC (1).

6. Submissions of both sides considered. The respondent and the petitioner are husband and wife. Due to misunderstandings, they are living separately and in such circumstances, the petitioner filed the petition for restitution of conjugal rights before the Sub Court, Thoothukudi. The respondent filed the divorce petition before the Principal Sub Court, Chengalpattu. The petitioner states that she has settled with her parents at Thoothukudi where her daughter is studying in a school by producing a copy of her school ID card.

7. The proposition of law regarding transfer petitions, more specifically in the matters of matrimonial cases, is well settled by this Court and also by the Hon’ble Supreme Court in the following cases:-

(i) The Hon'ble Division Bench of the High Court of Madras in W.A.No.1181 of 2009, dated 09.07.2010, wherein in paragraph Nos.21 and 22,