M.Gowsalya v. K. Daniel Gideon Raj

Madras HC9 Jun 2025TR CMP(MD)/231/2025

Case brief

AI extract

What is this about?

Transfer petition Section 24 CPC wife's convenience matrimonial dispute; Restitution of Conjugal Rights IDOP 43/2025 moved from Family Court Nagercoil Kanniyakumari to Family Court Srivilliputtur Virudhunagar; respondent absent despite notice; reliance on N.C.V.Aishwarya v. A.S.Saravana Karthik Sha 2022 LiveLaw (SC) 627; Madurai Bench Madras High Court, K.K. Ramakrishnan J., 09.06.2025; petition allowed, records within four weeks, expeditious disposal, no costs, connected CMP closed.

What did the court decide?

Transfer of I.D.O.P.No.43 of 2025 (Restitution of Conjugal Rights) from the Family Court, Nagercoil to the Family Court, Virudhunagar District at Srivilliputtur; entire records to be sent within four weeks; expeditious disposal directed; no order as to costs; connected C.M.P.(MD)No.5893 of 2025 closed. ¶37-38

M.Gowsalya Vs K. Daniel Gideon Raj — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Transfer Civil Miscellaneous Petition praying for withdrawal of I.D.O.P.No.43 of 2025 from the file of the Family Court, Nagercoil and its transfer to the Family Court at Srivilliputtur, Virudhunagar District should be allowed. +1 more

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Court's answer

Considering the overall facts and circumstances of the case, and considering the convenience of the wife, this Court is inclined to allow the transfer petition.

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Ratio / Principle

It is a well-settled proposition that whenever a 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; this Court adopts that position here.

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Key takeaways

The learned District Judge, Family Court, Nagercoil, Kanniyakumari District is directed to transfer the entire records pertaining to I.D.O.P.No.43 of 2025 to the learned District Judge, Family Court, Virudhunagar District at Srivilliputtur within four weeks of receipt of a copy of this order; on receipt, that Court is to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), K.K. Ramakrishnan J., 09.06.2025 — Tr.CMP.(MD)No.231 of 2025 & C.M.P.(MD)No.5893 of 2025: Petitioner-wife (married 08.07.2024 per Christian rites; separated; living with her parents at Thiruthangal, Virudhunagar District, about 250 Kms from Nagercoil) sought, under Section 24 r/w Section 151 CPC, withdrawal of the respondent-husband's Restitution of Conjugal Rights proceeding (I.D.OPNo.43 of 2025, Family Court, Nagercoil) and its transfer to the Family Court at Srivilliputtur, Virudhunagar District. Respondent, though served notice, did not appear. Relying on N.C.V.Aishwarya v. A.S.Saravana Karthik Sha (2022 Live Law (SC) 627), the Court held that in matrimonial transfer petitions the wife's convenience must be predominantly looked into and given preference; the petition was allowed, records ordered transferred within four weeks, expeditious disposal directed, no order as to costs, and the connected Civil Miscellaneous Petition closed.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.06.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.231 of 2025 and C.M.P.(MD)No.5893 of 2025

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M.Gowsalya .. Petitioner

Vs.

K.Daniel Gideon Raj

.. Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w Section 151 of the Code of Civil Procedure, to withdraw the case on the file of the Family Court, Nagercoil, in I.D.O.P.No.43 of 2025 and transfer the

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same to the Family Court at Srivilliputtur, Virudhunagar District.

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For Petitioner : Mr.P.Pratheesh

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For Respondent : No Appearance

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Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case on the file of the Family Court, Nagercoil, in I.D.O.P.No.43 of 2025 and transfer the same to the Family Court at Srivilliputtur, Virudhunagar District.

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The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 08.07.2024 at RR Mahal, Thiruthangal, Virudhunagar District, as per the Christian Rites and Customs.

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Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated a proceeding in I.D.O.PNo.43 of 2025, on the file of the Family Court, Nagercoil, seeking for Restitution of Conjugal Rights.

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The learned counsel appearing for the petitioner/wife submits

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Page 2 of 7

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that his client is living in Thiruthangal, Virudhunagar District and she was taken care of by her parents. The distance between the petitioner's village to Nagergoil is around 250 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in I.D.O.P.No.43 of 2025 from the file of the Family Court, Nagercoil, to the file of the Family Court, Virudhunagar District at Srivilliputtur.

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Even though notice was served upon the respondent, he did not chose to appear before this Court either in person or through Counsel.

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Heard the learned counsel appearing for the learned counsel for the petitioner and perused the materials available on records.

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha

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reported in 2022 Live Law (SC) 627 , the Hon'ble Supreme Court has dealt 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

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Page 3 of 7

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Code of Civil Procedure and the relevant passage is extracted hereunder :

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“ 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. ”

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It is also well settled proposition of law that whenever a 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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Considering the overall facts and circumstances of the case,

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Page 4 of 7

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and considering the convenience of the wife, this Court is inclined to allow the petition.

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The learned District Judge, Family Court, Nagercoil, Kanniyakumari District, is hereby directed to transfer the entire records pertaining to the case, in I.D.O.P.No.43 of 2025, to the file of the learned District Judge, Family Court, Virudhunagar District at Srivilliputtur, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned District Judge, Family Court, Virudhunagar District at Srivilliputtur is directed to take the case on file and dispose of the case as expeditiously as possible in accordance with law.

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