In matrimonial matters, transfer petitions prioritize wife's convenience under Section 24 C.P.C.

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.107 of 2025 on the file of the Subordinate Court, Sattur, and transfer the same to the file of the Principal Family Court, Trichy.

2. Despite service of notice on the respondent as well as on the counsel appearing for the respondent before the trial Court, the respondent has not turned up. Even today, there is no representation for the respondent.

3. Heard the learned counsel appearing for the petitioner.

4. It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 15.09.2024 as per the Hindu Rites and Customs and due to their wedlock, they were blessed with male child now aged 10 months 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.107 of 2025 seeking divorce and the same is pending on the file of the Subordinate Court, Sattur.

5. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Sangiliyandapuram, Trichy District and finds it difficult to travel to Sattur to attend the hearing along with her 10 months old child.

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."

7. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Trichy District, this Court is of the considered view that H.M.O.P.No.107 of 2025 is liable to be withdrawn from the file of the Subordinate Court, Sattur and transferred to the file of the Principal Family Court, Trichy. Accordingly, the learned Subordinate Judge, Sattur, is hereby directed to transmit the entire records in H.M.O.P.No.107 of 2025 to the file of the Principal Family Court, Trichy, within a period of 10 days from the date of receipt of a copy of this order and upon receipt of the case records, the learned Judge, Principal Family Court, Trichy, shall take the petition on file and proceed with the same in accordance with law.

8. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. No costs.