The spouse's convenience in matrimonial disputes is paramount for proceedings transfer under Section 24 CPC.

Order

Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure seeking withdrawal of I.D.O.P. No.26 of 2024 pending on the file of the District Court, Tiruvallur and transfer of the same to the file of the Principal Family Court, Chennai.

3. The case of the petitioner is that the marriage between the petitioner and the respondent was solemnized on 06.09.2015 and out of the wed lock, two girl children were born. Thereafter, due to matrimonial disputes, differences arose and the petitioner was driven out from the matrimonial home along with the children and presently, it is informed that the wife is residing at Chitlapakkam. The respondent has filed I.D.O.P.No.26 of 2024 before the District Court, Tiruvallur seeking for divorce.

4. The learned counsel for the petitioner submits that the distance between the petitioner’s residence and District court, Tiruvallur is about 56 kms and it takes 2.5 hrs to travel for attending hearing and thus, she cannot travel and submits that the respondent is a resident of Ambattur and no prejudice will be caused to the respondent, if the case is transferred to Chennai.

5. Having considered the submissions, this Court is of the view that, in a petition for transfer filed by the wife, the convenience of the wife ordinarily deserves primacy. In the facts placed, it is seen that the children are along with the petitioner and the petitioner is residing in Chennai and the proceedings sought to be transferred are pending at Tiruvallur. Therefore, this Court is inclined to allow the transfer sought for.

6. Accordingly, Tr.C.M.P. No.1254 of 2024 is allowed and I.D.O.P. No.26 of 2024 pending on the file of the District Court, Tiruvallur is withdrawn and transferred to the file of the Principal Family Court, Chennai. The District Court, Tiruvallur is directed to transmit the entire records within a period of three weeks to the Principal Family Court, Chennai. On receipt of the records, the Principal Family Court, Chennai shall dispose of the case in accordance with law as expeditiously as possible, uninfluenced by any of the observations made in this order. In view of the above, the interim order of stay granted shall stand vacated and C.M.P. No.27121 of 2024 is closed. No costs.