In matrimonial proceedings, the convenience of the wife, particularly when she is the primary caregiver of a young child and faces significant travel distance, is a primary factor for the court to permit the transfer of cases under Section 24 of the Code of Civil Procedure, 1905.

ORDER

Heard the learned counsel for the petitioner (wife) and the learned counsel for the respondent (husband).

2. The respondent (wife) in I.D.O.P.No.205 of 2025 on the file of the Principal District Court, Tirunelveli is the petitioner herein.

3. The petitioner (wife) would aver that she is residing at Tondaiyarpet, Chennai, along with her mother and she has got a three year old boy baby. She would further aver that she is working in a Shipping Company at Kilpauk and she finds it extremely difficult to travel from Chennai to Tirunelveli for about 623 kms one way to attend the Court hearings.

4. The learned counsel for the petitioner would reiterate the grounds set out in the petition and seeks for transfer of the aforestated IDOP from the file of the Principal District Court, Tirunelveli to the Family Court, Chennai.

5. The learned counsel for the respondent (husband) would vehemently contend that if the matter is transferred to the Family Court, Chennai, the respondent would be put into inconvenience and hardship.

6. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled by the Hon’ble Supreme Court in the following cases:-

“i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

ii. In 2000 (10) SCC 304 (Geeta Heera Vs.

Harish Chander Heera), the Hon’ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.

Iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355, wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon’ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur.”

7. In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, this Transfer Civil Miscellaneous Petition is allowed. Sequel to this, IDOP.No.205 of 2025 pending on the file of the Principal District Court, Tirunelveli, is withdrawn and transferred to the file of the III-Additional Principal Family Court, Chennai. The learned Judge of the Principal District Court, Tirunelveli, shall send the case records to the III-Additional Principal Family Court, Chennai., forthwith. The learned Judge of III-Additional Principal Family Court, Chennai, on receipt of the records, shall take all effective steps to try and dispose of the matter in accordance with law at the earliest. No Costs.

Consequently, connected Civil Miscellaneous Petition is closed.