In matrimonial transfer petitions under S.24 CPC, wife's convenience is paramount.

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.2661 of 2026 M.Arulmozhi ... Petitioner/

Respondent/

Wife Vs.

A.Sathiyaraj ... Respondent/

Petitioner/

Husband Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case on the file of the learned Family Court, Karur District in H.M.O.P.No.300 of 2025 and transfer the same to the learned Family Court at Dindigul.

For Petitioner : M/s.V.Vilma Rexy For Respondent : Mr.T.Lenin Kumar

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.300 of 2025 on the file of the Family Court, Karur, and transfer the same to the file of the Family Court, Dindigul.

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 09.06.2024 as per the Hindu Rites and Customs 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 H.M.O.P.No.300 of 2025 seeking restitution of conjugal rights and the same is pending on the file of the Family Court, Karur and that the petitioner has filed a petition in H.M.O.P.No.123 of 2024 seeking divorce and the same is pending on the file of the Subordinate Court, Vedasandur. It is also not in dispute that the petitioner is working as a police constable and the respondent is working in the military in Kashmir.

4. The learned counsel appearing for the petitioner would submit that due to the assault made by the respondent, the petitioner was constrained to file the divorce petition. She would further submit that the petitioner is residing at Vedasandur, Dindigul District and finds it difficult to travel to Karur to attend the hearings.

5. The learned counsel appearing for the respondent would submit that though the petitioner's divorce petition in H.M.O.P.No.123 of 2024 is pending before the Subordinate Court, Vedasandur, the petitioner has sought for direction to transfer the case in H.M.O.P.No.300 of 2025 to the Family Court, Dindigul. He would further submit that the trial Court may be directed to dispose of the case within a time stipulated

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 submissions made on either side and since the divorce petition is pending before the Subordinate Court, Vedasandur, this Court is of