Mariya Santoshini v. Alexander

Madras HC29 Jul 2025TR CMP(MD)/371/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer petition; matrimonial dispute; wife's convenience predominant; restitution of conjugal rights; divorce; clubbing of matrimonial cases; I.D.O.P.No.59 of 2025 Principal District and Sessions Court Thanjavur; I.D.O.P.No.733 of 2024 Family Court Tiruchirappalli; N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha 2022 Live Law (SC) 627; Madurai Bench of Madras High Court; ex parte respondent; transfer of records within four weeks.

What did the court decide?

Transfer of I.D.O.P.No.59 of 2025 from the Principal District and Sessions Court, Thanjavur to the District Judge, Family Court, Tiruchirappalli, to be tried along with I.D.O.P.No.733 of 2024 and disposed of expeditiously; no order as to costs; connected C.M.P.(MD)No.10119 of 2025 closed. ¶51-52

Mariya Santoshini Vs Alexander — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in I.D.O.P.No.59 of 2025 pending before the Principal District and Sessions Court, Thanjavur should be withdrawn and transferred to the Family Court, Tiruchirappalli and tried together with I.D.O.P.No.733 of 2024.

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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.

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Ratio / Principle

Taking into account the petitioner's inconvenience in travelling about 67 kms (two hours' journey) from her domicile at Palakarai, Trichy to the Principal District and Sessions Court, Thanjavur, incurring huge expense, the court inclined to allow the transfer petition.

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Key takeaways

The learned Principal District and Sessions Judge, Thanjavur is directed to transfer the entire records pertaining to the case (printed in this paragraph as H.M.O.P.No.59 of 2025) to the file of the learned District Judge, Family Court, Tiruchirappalli within four weeks from receipt of a copy of the order.ratio¶46
On receipt of the records, the learned District Judge, Family Court, Tiruchirappalli is directed to take the case on file, try it along with I.D.O.P.No.733 of 2024 filed by the petitioner/wife, and dispose of the cases as expeditiously as possible in accordance with law.ratio¶47

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (marriage solemnized 20.08.2023 at Athiramapattinam) seeking withdrawal of the husband's restitution-of-conjugal-rights case I.D.O.P.No.59 of 2025 from the Principal District and Sessions Court, Thanjavur to the Family Court, Tiruchirappalli, for trial along with her divorce case I.D.O.P.No.733 of 2024. Relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627, that the wife's convenience must be predominantly looked into in matrimonial transfer petitions, and noting that the petitioner resides at Palakarai, Trichy, about 67 kms (two hours' journey) from Thanjavur, the single Judge allowed the petition, directed transfer of the entire records within four weeks, and directed the Family Court, Tiruchirappalli to try both cases together and dispose of them expeditiously in accordance with law. No order as to costs; connected C.M.P.(MD)No.10119 of 2025 closed. Respondent did not appear despite service of private notice.

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Tr.CMP.(MD)No.371 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.07.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.371 of 2025 and C.M.P.(MD)No.10119 of 2025

Mariya Santoshini

.. Petitioner

Vs.

Alexander

.. Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in I.D.O.P.No.59 of 2025

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from the file of the learned Principal District and Sessions Court, Thanjavur to the learned Family Court, Tiruchy and club the same with I.D.O.P.No.733

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of 2024 together and dispose the same in accordance with law.

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For Petitioner : Mr.B.Jameelarasu

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For Respondent : No Appearance Private Notice served

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Tr.CMP.(MD)No.371 of 2025

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the case in I.D.O.P.No.59 of 2025 from the file of the learned

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Principal District and Sessions Court, Thanjavur to the learned Family Court, Tiruchy and club the same with I.D.O.P.No.733 of 2024 together and dispose the same in accordance with law.

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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 20.08.2023 as per the Rites and customes at Athiramapattinam.

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Due to some matrimonial discord, the parties have separated. Therefore, the petitioner/wife filed I.D.O.P.No.733 of 2024 on the file of the Family Court, Tiruchirappalli, seeking divorce, whereas, the respondent/husband filed I.D.O.P.No.59 of 2025, on the file of the Principal District and Sessions Court, Thanjavur, seeking restitution of conjugal rights.

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The learned counsel appearing for the petitioner/wife submits

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that his client is living in Palakarai, Trichy and she was taken care of by her parents. The distance between the petitioner's residence to Thanjavur, is around 67 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing. She has also filed a petition in I.D.O.P.No.733 of 2024 on the file of the Family Court, Tiruchirappalli. Hence, she seeks transfer of proceedings in I.D.O.P.No.59 of 2025 from the file of the Principal District and Sessions Court, Thanjavur, to the file of the Family Court, Tiruchirappalli.

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Even though notice has been served upon the respondent and

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his name has been printed in the cause list, he did not appear before this Court either in person or through counsel.

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Heard the learned counsel appearing for the learned counsel for

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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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Tr.CMP.(MD)No.371 of 2025

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reported in

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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 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

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transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife’s convenience shall Page 4 of 7

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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 two hours journey to reach the Principal District and Sessions Court, Thanajvur, situated 67 kms away from her Domicile, namely, Palakarai, Trichy, incurring huge expense, this court inclines to allow the petition.

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The learned Principal District and Sessions Judge, Thanjavur, is hereby directed to transfer the entire records pertaining to the case, in H.M.O.P.No.59 of 2025, to the file of the learned District Judge, Family Court, Tiruchirappalli, 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 learned District Judge, Family Court, Tiruchirappalli, is directed to take the case on file, try the same along with the I.D.O.P.No.733 of 2024 filed by the

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petitioner/wife and dispose of the cases as expeditiously as possible in accordance with law.

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