Wife's convenience prioritised in matrimonial transfer petitions under Section 24 CPC.

COMMON ORDER

The above two transfer petitions are filed to withdraw the cases from the file of the Family Court, Madurai, in H.M.O.P.Nos.1251 of 2024 and 533 of 2024 and transfer the same to the file of the Subordinate Court, Melur, Madurai District.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 12.09.2022 at Gurukrishna Kalyana Mahal, Palanganatham, Madurai, as per the Hindu Rites and Customs and that subsequently there arose some misunderstanding between them and they are living separately.

4. It is not in dispute that the respondent filed a petition claiming divorce in H.M.O.P.No.533 of 2024 and the same is pending on the file of the Family Court, Madurai. It is also not in dispute that the petitioner has also filed a petition in H.M.O.P.No.1251 of 2024 seeking restitution of conjugal rights and the same is also pending on the file of the Family Court, Madurai.

5. It is not in dispute that the petitioner has initiated proceedings under the Domestic Violence Act in D.V.C.No.12 of 2025 and the maintenance case in M.C.No.18 of 2025 and that the same are pending before the Court of the Judicial Magistrate, Melur.

6. It is evident from the records that the respondent filed a petition in Crl.O.P.(MD)No.15844 of 2025 seeking transfer of the case in M.C.No. 18 of 2025 from the file of the Judicial Magistrate, Melur to the file of the Family Court, Madurai and this Court, by observing that two HMOPs are pending on the file of the Family Court, Madurai and all these cases including the petition filed by the respondent before the Judicial Magistrate, Melur, have to be tried together, has granted an order of interim stay for further proceedings in M.C.No.18 of 2025 on the file of the Judicial Magistrate Court, Melur.

7. The learned counsel appearing for the petitioner would submit that the petitioner is now residing at Melur, Madurai District along with her parents and and finds it difficult to travel to Madurai to attend the hearings.

8. The learned counsel appearing for the respondent would submit that the respondent had earlier filed a transfer petition seeking transfer of the maintenance case from the Judicial Magistrate Court, Melur, to the Family Court, Madurai, to be tried along with the two HMOPs pending in Crl.O.P.(MD) No.15844 of 2025. It is further contended that the present transfer petitions filed by the petitioner, seeking transfer to the Subordinate Court, Melur, are only an afterthought, motivated by vindictiveness. According to the learned counsel, the petitioner is residing at Melur, which is at a distance of about 20 kilometres from Madurai, and her father, who is working as a Head Postmaster at Madurai, is commuting daily from Melur to Madurai Head Post Office. It is therefore contended that the petitioner has filed the present petitions with a view to harass the respondent, and that no prejudice would be caused to the petitioner if the HMOPs are proceeded with before the Family Court, Madurai.

9. It is pertinent to note that both the petitioner and the respondent have levelled allegations and counter allegations against each other. However, having regard to the nature and scope of the present transfer petitions, this Court is not inclined to go into the merits of such rival allegations at this stage.

10. As already pointed out, proceedings initiated under the Domestic Violence Act in D.V.C.No.12 of 2025 and the maintenance case in M.C.No.18 of 2025 are pending before the Court of the Judicial Magistrate, Melur and that the responde