In matrimonial transfer petitions under Section 24 CPC, the convenience of the wife is generally the primary factor considered by the court to ensure the ends of justice.

Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer the case in I.D.O.P.No.1949 of 2025 on the file of the Family Court, Padmanabhapuram to the Family Court, Srivilliputhur.

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.P.No.1949 of 2025 on the file of the Family Court, Padmanabhapuram, and transfer the same to the file of the Family Court, Srivilliputhur.

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 26.04.2021 as per the Christian Rites and Customs and that subsequently there arose some misunderstanding and they are living separately. It is also not in dispute that the petitioner filed a petition in I.D.O.P.No.124 of 2025 seeking divorce and the same is pending on the file of the Family Court, Srivilliputhur and that the respondent filed a petition in I.D.O.P.No.1949 of 2025 seeking restitution of conjugal rights and the same is pending on the file of the Family Court, Padmanabhapuram.

4. It is not in dispute that at request of the learned counsel on either side, the matter was referred to mediation but the mediation ended in failure.

5. The learned counsel appearing for the petitioner would submit that the petitioner is working as Assistant Professor of Law of School, Kalasalingam Law College at Srivilliputhur and finds it difficult to travel to Padmanabhapuram to attend the hearings and that only after receipt of Court notice in I.D.O.P.No.124 of 2025, the respondent has filed the present petition for restitution of conjugal rights.

6. The learned counsel appearing for the respondent would submit that the petitioner has not assigned any valid reason or ground to transfer the case and that they are objecting the transfer.

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 above facts and circumstances and also taking note of the fact that the petitioner is working and residing at Srivilliputhur, this Court is of the considered view that I.D.O.P.No.1949 of 2025 is liable to be withdrawn from the file of the Family Court, Padmanabhapuram and transferred to the file of the Family Court, Srivilliputhur. Accordingly, the learned Judge, Family Court, Padmanabhapuram, is hereby directed to transmit the entire records in I.D.O.P.No.1949 of 2025 to th