Wife's convenience prioritized in matrimonial case transfers under S.24 CPC.

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.19830 of 2025 Sharly ... Petitioner/

Respondent Vs.

Mohankumar ... Respondent/

Petitioner Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the I.D.O.P.No.150 of 2025 on the file of Principal District and Sessions Court, Thanjavur and transfer the same to the file of the III Additional District and Sessions Court, Trichy.

For Petitioner : Mr.I.Rajiv Gandhi For Respondent : No appearance

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.P.No.150 of 2025 on the file of the Principal District and Sessions Court, Thanjavur, and transfer the same to the file of the IIIrd Additional District and Sessions Court, Trichy.

2. Despite service of notice to the respondent as well as to the counsel appearing for the respondent before the trial Court, the respondent has not turned up.

3. Heard the learned counsel appearing for the petitioner.

4. It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 20.01.2022 as per the Christian Rites and Customs and due to their wedlock, they were blessed with two children and that subsequently there arose some misunderstanding and they are living separately. It is also not in dispute that the respondent filed a petition in I.D.O.P.No.150 of 2025 seeking divorce and the same is pending on the file of the Principal District and Sessions Court, Thanjavur and that the petitioner filed a petition in I.D.O.P.No.352 of 2025 seeking restitution of conjugal rights and the same is pending on the file of the IIIrd Additional District and Sessions Court, Trichy.

5. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Thiruverumbur, Trichy District and finds it difficult to travel to Thanjavur to attend the hearings along with her two children.

6. 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.”

7. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Thiruverumbur, Trichy District, this Court is of the view that the case in I.D.O.P.No.150 of 2025 is ordered to be withdrawn from the file of the Principal District and Sessions Court, Thanjavur, and transfer the same to the file of the IIIrd Additional District and Sessions Court, Trichy. Accordingly, the learned Principal District and Sessions Judge, Thanjavur, is hereby directed to transmit the entire records in I.D.O.P.No.150 of 2025 to the file of the IIIrd Additional District and Sessions Court, Trichy, within a period of 10 day