Allowed¶38

S.Diviyamani v. a.MUruganantham

Madras HC11 Jun 2025TR CMP(MD)/310/2025

Case brief

AI extract

What is this about?

Wife's convenience transfer petition Section 24 CPC; matrimonial dispute; H.M.O.P.No.35 of 2025 divorce case moved from Family Court, Karur to Sub Court, Vedasanthur, Dindigul; petitioner-wife residing 160 km away with minor child; reliance on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; Tr.CMP.(MD)No.310 of 2025; C.M.P.(MD)No.7727 of 2025; Madurai Bench of Madras High Court; K.K. Ramakrishnan, J.; order dated 11.06.2025; records transfer within four weeks; no costs.

What did the court decide?

Transfer of H.M.O.P.No.35 of 2025 from the Family Court, Karur to the file of the Sub Judge, Sub Court, Vedasanthur, Dindigul District, with records to be transmitted within four weeks; Sub Judge to dispose of the case expeditiously in accordance with law; no order as to costs; connected C.M.P.(MD)No.7727 of 2025 closed.

S.Diviyamani Vs a.MUruganantham — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether H.M.O.P.No.35 of 2025 (divorce proceeding) pending on the file of the Family Court, Karur should be withdrawn and transferred to the file of the Sub Court, Vedasanthur, Dindigul, having regard to the convenience of the petitioner/wife.

¶12

Court's answer

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

¶8

Ratio / Principle

Taking into account the petitioner's inconvenience in attending every court hearing with her minor child by a journey of about three hours covering 160 km from her domicile to the Family Court, Karur, incurring huge expense, the court inclined to allow the transfer petition.

¶9

Key takeaways

The learned District Judge, Family Court, Karur, is directed to transfer the entire records pertaining to H.M.O.P.Nos.35 of 2025 to the file of the learned Sub Judge, Sub Court, Vedasanthur, Dindigul District, within four weeks from receipt of a copy of the order.ratio¶10
On receipt of the transferred records, the learned Sub Judge, Sub Court, Vedasanthur, Dindigul District, is to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶10

Detailed headnote1 paragraphs

Transfer petition under Section 24 CPC allowed by the Madurai Bench of the Madras High Court (K.K. Ramakrishnan, J.). The husband's divorce petition, H.M.O.P.No.35 of 2025, pending before the Family Court, Karur, was ordered to be withdrawn and transferred to the Sub Court, Vedasanthur, Dindigul District. Relying on N.C.V.Aishwarya Vs. 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; the petitioner-wife, residing about 160 km away with her minor child and facing a roughly three-hour journey and heavy expense per hearing, was found deserving of the transfer. The Family Court, Karur was directed to transmit the entire records within four weeks, and the Sub Court, Vedasanthur was directed to take the case on file and dispose of it expeditiously in accordance with law. No order as to costs; the connected C.M.P.(MD)No.7727 of 2025 was closed.

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

DATED : 11.06.2025

¶3

CORAM

¶4

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN

¶5

Tr.CMP.(MD)No.310 of 2025 and C.M.P.(MD)No.7727 of 2025

¶6

S.Diviyamani .. Petitioner/Respondent-Wife

¶7

Vs.

¶8

A.Muruganantham .. Respondent/Petitioner-Husband

¶9

Prayer : Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, to withdraw the case on the file of the Family Court, Karur in H.M.O.P.No.35 of 2025 and transfer the same to the Sub Court, Vedasanthur, Dindigul.

¶10

For Petitioner : Ms.M.Vignesh Kumar For Respondent : No Appearance

¶11

ORDER

¶12

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the H.M.O.P.No.35 of 2025 on the file of Family Court, Karur and transfer the same to the file of Sub Court, Vedasanthur, Dindigul, to conduct enquiry.

¶13

Page 1 of 6

¶14

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

¶15

The petitioner and the respondent herein are the husband and

¶16

wife. The marriage between the petitioner and the respondent was solemnized on 12.09.2018 at K.C.M Mahal, Thanthondimalai, Karur District, as per the Hindu Rites and Customs. During their wedlock, one female child, was born.

¶17

From the date of marriage, the petitioner faced harassment at

¶18

the hands of the respondent and his family members for additional dowry. Thereby, due to difference of opinion, the parties have separated. Therefore, the respondent/husband initiated a proceeding in H.M.O.P.No.35 of 2025, before the Family Court, Karur, seeking divorce.

¶19

The learned counsel appearing for the petitioner/wife submits that now she is living in Gujuliyamparai Taluk, with her minor child and they were taken care of by her parents. The distance between the petitioner's village to Karur is around 160 Km, and being a lady with a minor child, 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.35 of 2025

¶20

Page 2 of 6

¶21

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

¶22

from the file of the Family Court, Karur, to the file of the Sub Court, Vedasanthur, Dindigul.

¶23

The learned counsel for the respondent requested this Court to

¶24

fix a central place convenient for both the parties.

¶25

Heard the learned counsel appearing for the petitioner and the

¶26

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

¶27

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

¶28

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 :

¶29

“ 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

¶30

Page 3 of 6

¶31

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

¶32

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. ”

¶33

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.

¶34

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 with her child by travelling an 3 hour journey to reach the Family Court, Karur, situated 160 km away from her domicile, incurring huge expense, this court inclines to allow the petition. Page 4 of 6

¶35

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

¶36

The learned District Judge, Family Court, Karur, is hereby directed to transfer the entire records pertaining to the cases, in H.M.O.P.Nos.35 of 2025 to the file of the learned Sub Judge, Sub Court, Vedasanthur, Dindigul District, 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 Sub Judge, Sub Court, Vedasanthur, Dindigul District, is directed to take the cases on file and dispose of the case as expeditiously as possible in accordance with law.

¶37