In matrimonial transfer petitions under Section 24 CPC, wife's convenience generally prevails considering socioeconomic factors.

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H.M.O.P. No.16 of 2025 from the file of the Sub Court, Thirumangalam, Madurai District and transfer the same to the Sub Court, Arupukottai, Virudhunagar District.

2. It is evident from the records that the marriage between the parties was solemnized on 26.02.218 as per Hindu Rites and customs and due to their wed-lock they were blessed with a male child and a female child and subsequently, there arose some misunderstanding between them and they are living separately.

3. It is not in dispute that the male child is now under the care and custody of the respondent and the female child is with the petitioner. It is also not in dispute that the respondent has filed a petition in H.M.O.P.No.16 of 2025, seeking restitution of conjugal rights and the same is pending on the file of the Sub Court, Thirumangalam.

4.The learned counsel for the petitioner would submit that the petitioner is residing at Aruppukottai, Virudhunagar District along with female child and finds it very difficult to travel to Thirumangalam to attend all the hearings.

5. The learned counsel for the respondent would submit that the respondent is ready and willing for reunion, but the petitioner alone has been objecting the same. He would further submit that the case may be transferred to any other place in between, convenient for both the parties.

6.The learned counsel for the petitioner would submit that the mediation was attempted. It is seen from the Mediation Report that no agreement was reached between the parties.

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 reiterated the position with generally, it is the wife's convenience, which must be looked at 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. Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Aruppukottai, Virudhunagar District, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.16 of 2025, is ordered to be withdrawn from the file of the Sub Court, Thirumangalam and transfer the same to the Sub Court, Aruppukottai, Virudhunagar District. The learned Judge, Sub Court, Thirumangalam, is hereby directed to transmit the entire records in H.M.O.P.No.16 of 2025 to the file of the Sub Court, Aruppukottai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Sub Court, Aruppukottai, is directed to take up the petition on file and proceed in accordance with law.

8. With the above direction, the Transfer Civil Miscellaneous Petitio