The petitioner wife sought transfer of restitution of conjugal rights proceedings from Sub Court, Ramanathapuram to Family Court, Madurai due to hardship in traveling 117 kms. The Court, relying on Supreme Court precedent regarding the wife's convenience, allowed the transfer petition.
Transfer of proceedings from Sub Court, Ramanathapuram to Family Court, Madurai.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.06.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.187 of 2025 and C.M.P.(MD)No.4821 of 2025
Ambika
.. Petitioner
Vs.
Mayakannan .. Respondent
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in H.M.O.P.No.13 of 2025 on the file of Sub Court, Ramanathapuram and transfer the same to the learned Family Court, Madurai.
For Petitioner : Ms.M.Sivananthini For Respondent : No Appearance
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ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceedings in H.M.O.P.No.13 of 2025 on the file of Sub Court, Ramanathapuram and transfer the same to the learned Family Court, Madurai.
Due to which the petitioner/wife lodged a criminal complaint upon the respondent/husband before the Commissioner of Police, Madurai. Therefore, as a counter blast, the respondent/husband initiated the proceeding in H.M.O.P.No.13 of 2025, on the file of the Subordinate Court, Ramanathapuram, seeking restitution of conjugal rights.
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reported in 2022 Live Law (SC) 627 , the Hon'ble Supreme Court has dealt
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with the position generally, that it is the wife's convenience, which must be looked into 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. ”
transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife’s convenience shall be given preference.
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Civil Miscellaneous Petition is closed.
16.06.2025
Index :Yes/No Speaking Order :Yes/No Neutral Citation :Yes/No TM To 1.The Subordinate Judge, Ramanathapuram. 2.The District Judge, Family Court, Madurai.
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K.K. RAMAKRISHNAN, J.
TM
Tr.CMP.(MD)No.187 of 2025 and C.M.P.(MD)No.4821 of 2025
16.06.2025
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1 issue framed by the court
Whether the petition for transfer of matrimonial proceedings from the Sub Court, Ramanathapuram to the Family Court, Madurai should be allowed on the ground of the wife's convenience?
Colour shows how this judgement treated each authority
N.C. Vaiswarya v. A.S. Saravana Karthik ShaRelied on¶23
N.C.Vaiswarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627
1 provisions across 1 enactments
Ambika
Mayakannan
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.K. Ramakrishnan
Parties & counsel
