In matrimonial transfer petitions under Section 24 CPC, the wife's convenience must be prioritized.

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.19629 of 2025 Nandhini Devi ... Petitioner/

Respondent Vs.

M.Vivekanandhan ... Respondent/

Petitioner Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in F.C.O.P.No.425 of 2025 pending on the file of the learned Family Court, Erode and transfer the same to the file of the learned Family Court, Madurai District. For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.C.S.Saravanan

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in F.C.O.P.No.425 of 2025 on the file of the Family Court, Erode, and transfer the same to the file of the Family Court, Madurai.

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 18.02.2019 as per the Hindu Rites and Customs and due to their wedlock, they were blessed with two children now aged 5 and 1 years respectively and that subsequently there arose some misunderstanding and they are living separately.

4. It is not in dispute that the respondent filed a petition in F.C.O.P.No.425 of 2025 seeking divorce and the same is pending on the file of the Family Court, Erode and that the petitioner has laid a maintenance claim in M.C.No.58 of 2025 and the same is pending on the file of the Family Court, Madurai.

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

6. The learned counsel appearing for the respondent would submit that the respondent is working as a Railway Guard and he finds it very difficult to get permission or leave and hence, his personal appearance may be dispensed with before the trial Court.

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 residing at Madurai along with her two children, this Court is of the considered view that F.C.O.P.No.425 of 2025 is liable to be withdrawn from the file of the Family Court, Erode and transferred to the file of the Family Court, Madurai. Accordingly, the learned Judge, Family Court, Erode, is hereby directed to transmit the entire records in F.C.O.P.