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Vinothini v. Ramaraj

Transfer of matrimonial proceeding – Section 24 CPC

Madras HC26 Jun 2025TR CMP(MD)/272/2025

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What is this about?

Tr.CMP.(MD)No.272 of 2025, Madras High Court (Madurai Bench), 26.06.2025, K.K. Ramakrishnan J. — transfer of divorce proceeding H.M.O.P.No.129 of 2023 from Sub Court, Neyveli to Family Court, Trichy under Section 24 CPC on the ground of wife's convenience (about 200 km travel); relies on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; petition allowed, records to be transferred within four weeks, no costs, connected C.M.P.(MD)No.7194 of 2025 closed; respondent ex parte despite service.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed; proceedings in H.M.O.P.No.129 of 2023 transferred from the file of Sub Court, Neyveli to the Family Court, Trichy, with records to move within four weeks; no order as to costs; connected C.M.P.(MD)No.7194 of 2025 closed. ¶41

Vinothini Vs Ramaraj — Madras HC (2025) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the divorce proceeding H.M.O.P.No.129 of 2023 pending before the Sub Court, Neyveli should be transferred to the Family Court, Trichy having regard to the inconvenience of the petitioner/wife.

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Court's answer

Whenever a transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and given preference.

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Ratio / Principle

Taking into account the petitioner's inconvenience in attending hearings by a three-hour journey to Sub Court, Neyveli, situated 200 kms from her domicile at Thiruverumbur Taluk, Trichy District, and the expense involved, the transfer petition deserved to be allowed.

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Key takeaways

The learned Subordinate Judge, Neyveli is directed to transfer the entire records in H.M.O.P.No.129 of 2023 to the District Judge, Family Court, Trichy within four weeks; on receipt, the Family Court is to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶37

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Section 24 CPC — wife's petition to withdraw H.M.O.P.No.129 of 2023 (divorce) from Sub Court, Neyveli to Family Court, Trichy. HELD: following N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627, the convenience of the wife is the predominant consideration in matrimonial transfer petitions; petitioner/wife resides at Thiruverumbur Taluk, Trichy District with her minor child, about 200 kms (a three-hour journey) from Neyveli, and faces difficulty and expense attending every hearing. Respondent was served but did not appear. Petition allowed; Subordinate Judge, Neyveli to transmit the entire records to the District Judge, Family Court, Trichy within four weeks; Family Court, Trichy to take the case on file and dispose of it expeditiously in accordance with law. No costs; connected C.M.P.(MD)No.7194 of 2025 closed. (K.K. Ramakrishnan, J.; 26.06.2025.)

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Tr.CMP.(MD)No.272 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.06.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.272 of 2025 and C.M.P.(MD)No.7194 of 2025

Vinodhini

.. Petitioner

Vs.

Ramaraj

.. 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.129 of 2023 on the file of Sub Court, Neyveli and transfer the same to the learned

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Family Court, Trichy.

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For Petitioner : Mr.N.Jeyaram Sidharth For Respondent : No Appearance

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to

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withdraw the proceedings in H.M.O.P.No.129 of 2023 on the file of Sub Court,

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Neyveli and transfer the same to the learned Family Court, Trichy.

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

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Tr.CMP.(MD)No.272 of 2025

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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 15.09.2013 at Malliga Marriage Hall in Neyveli Indra Nagar, Cuddalore District. Due to the above said wedlock they blessed with a male child born on 15.07.2014.

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Due to some matrimonial discord, the parties have separated.

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Therefore, the respondent/husband initiated the proceeding in H.M.O.P.No.129 of 2023, on the file of the Subordinate Court, Neyveli, seeking divorce.

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The learned counsel appearing for the petitioner/wife submits that his client is living in Thiruverumbur Taluk, Trichy District, along with her minor child and she was taken care of by her parents. The distance between the petitioner's residence to Neyveli, is around 200 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 H.M.O.P.No.129 of 2023 from the file of the Sub Court, Neyveli, to the file of the Family Court, Trichy.

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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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Tr.CMP.(MD)No.272 of 2025

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

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Tr.CMP.(MD)No.272 of 2025

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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 and also taking into account of the inconvenience expressed by the petitioner in attending every court hearing, by travelling three hours journey to reach the Sub Court, Neyveli, situated 200 kms away from her Domicile, namely, Thiruverumbur Taluk, Trichy District, incurring huge expense, this court inclines to allow the petition.

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The learned Subordinate Judge, Neyveli, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.129 of 2023, to the file of the learned District Judge, Family Court, Trichy, 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, Trichy, 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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https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)No.272 of 2025

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