In matrimonial transfer petitions, wife's convenience must be considered primarily for dispensing justice.

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.124 of 2026 from the file of the Subordinate Court, Alandur and transfer the same to the Family Court, Madurai to be tried along with H.M.O.P.No.202 of 2026.

2. It is evident from the records that the marriage between the parties was solemnized on 29.11.2023 and due to their wed-lock they were blessed with a female child and that subsequently, there arose some misunderstanding between them and they are living separately.

3. It is also not in dispute that the respondent has filed a petition in H.M.O.P.No.124 of 2025, seeking divorce and the same is pending on the file of the Subordinate Court, Alandur and the petitioner has also filed similar petition in H.M.O.P.No. 202 of 2026 seeking divorce and the same is pending on the file of the Family Court, Madurai. He would further submit that the petitioner is residing at Madurai along with her female child and finds it very difficult to travel to Alandur to attend all the hearings.

4. The learned counsel appearing for the respondent would submit that they are not having objections to transfer the case.

5. 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.”

6. Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Madurai, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.124 of 2026, is ordered to be withdrawn from the file of the Subordinate Court, Alandur and transfer the same to the Family Court, Madurai. The learned Subordinate Judge, Alandur, is hereby directed to transmit the entire records in H.M.O.P.No.124 of 2026 to the file of the Family Court, Madurai, 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, Family Court Madurai, is directed to take up the petition on file and proceed in accordance with law.

7. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed.