In matrimonial transfer petitions under Section 24 CPC, the wife's convenience, economic status and convenience for attending pending proceedings must be considered primarily.

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.1740 of 2025 on the file of the Family Court, Madurai, and transfer the same to the file of the Subordinate Court, Kovilpatti, Thoothukudi 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 22.08.2024 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.1740 of 2025 seeking divorce and the same is pending on the file of the Family Court, Madurai.

4. The learned counsel appearing for the respondent would submit that the respondent has earlier filed a petition in H.M.O.P.No.1675 of 2024 seeking restitution of conjugal rights and the same was pending on the file of the Family Court, Madurai, that the petitioner filed a transfer petition in Tr.C.M.P.(MD)No.129 of 2025 seeking transfer to the Subordinate Court, Sattur and a learned Judge of this Court, considering the submissions made on either side, passed an order dated 28.04.2025 transferring the said HMOP to the Subordinate Court, Virudhunagar, that after transfer, the petitioner lodged a police complaint against the respondent and hence, the respondent was constrained to withdraw the petition for restitution of conjugal rights, that the petitioner has initiated proceedings under the Domestic Violence Act in D.V.C.No.2 of 2025 and the same is pending on the file of the District Munsif cum Judicial Magistrate No.1, Sattur and that thereafter, the respondent was forced to file the present petition for divorce.

5. As rightly contended by the learned counsel appearing for the respondent, in the present transfer petition, the petitioner sought for transfer of the HMOP to the Subordinate Court, Kovilpatti, but in the earlier transfer petition, she sought for transfer to Sattur. However, the fact remains that the respondent has been attending DVC proceedings before the District Munsif cum Judicial Magistrate No.1, Sattur.

6. In 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."

7. At this juncture, the learned counsel appearing for the respondent would submit that the trial Court may be directed to dispose of the case within a time stipulated.

8. Considering the above facts and circumstances and also taking note of the fact that DVC is pending before the District Munsif cum Judicial Magistrate No.1, Sattur, this Court is of the considered view that H.M.O.P.No.1740 of 2025 is liable to be withdrawn from the file of the Family Court, Madura