The High Court, under Section 24(1)(a) of the Code of Civil Procedure, 1908, is empowered to withdraw any suit, appeal, or proceeding pending before it (including on its original side) and transfer the same to a subordinate court of competent jurisdiction.

O R D E R

This transfer petition presents a situation which is extremely unique. The issue being whether this Court has the jurisdiction, under Section 24 of the Code of Civil Procedure, 1908 to transfer a proceeding pending before it, to a Court subordinate to it.

Facts leading to Transfer

2. The petitioner is the wife and the husband is the respondent. They solemnized their marriage on 11.03.2016. They shifted their residence to the United States of America and thereafter, they returned to this country. Though the petitioner and the respondent have exchanged allegations as regards the reason for their return to this country, I am not dwelling into the same as it is not germane for the purpose of this case. On their return to India, the petitioner became pregnant and delivered twins on 21.08.2020. Subsequently, the couple developed disputes and differences, and separated. The wife is now residing in Coimbatore and the husband is residing in Chennai.

3. Due to such disputes, the wife decided to put an end to the matrimony and filed a petition for dissolution of marriage in HMOP.No.1937 of 2023 before the Family Court at Coimbatore. Notice was issued to the husband. He was served with summons and in fact, attended a few hearings at Coimbatore. Thereafter, he initiated GWOP.No.355 of 2024, seeking for custody of the children, before the original side of this Court.

4. The wife pleads that on account of the case pending in Chennai, she has to travel regularly from Coimbatore to Chennai and it is imposing an unreasonable burden on her. She further pleads that she is the primary care giver for the children and also responsible for their daily activities including their school and health care. She points out the distance between Coimbatore and Chennai is about 507 kms and this puts an enormous physical strain on her. There is no dispute between the parties that the children who are aged about 4 years are studying in Coimbatore. On these grounds, the petitioner has moved the present transfer petition. Fortunately both the parties are financially well off and therefore, the issue of financial distress does not arise.

5. When the matter came up for hearing on 30.09.2024, I requested Ms.Thenmozhi R to serve the entire set of papers on Ms.Geetha Ramaseshan, the learned counsel who represents the respondent/husband in the proceedings on the original side. I posted the matter on 04.10.2024. On the date of hearing, Ms.Geetha Ramaseshan appeared and sought time to file counter. I granted time and the pleadings were completed by the respondent on 22.10.2024.

6. Ms.Thenmozhi R argues that this Court is possessed of the jurisdiction to transfer proceedings pending before it to a subordinate court of competent jurisdiction. She refers to Section 24 of the Code of Civil Procedure. On facts, she pleads the court has to consider the convenience of the parties. As the wife and child are in Coimbatore, she urges the GWOP may be transferred to Coimbatore.

7. Ms.Geetha Ramaseshan argues that a petition under Section 24 of the Code of Civil Procedure is not maintainable. According to her, an application should have been filed only on the Original Side of this Court and not on the appellate side invoking Section 24. On the merits of the case, she points out that as video conferencing facility permits the appearance of the wife before this Court, from wherever she is residing, the claim of the petitioner that she has to c