Husband sought transfer of wife's divorce petition from Srivilliputhur Family Court to Theni on the ground that the wife resides in Kerala. The court held that a wife's convenience is predominant in matrimonial transfer petitions and found no merit in the husband's plea.
None; transfer petition dismissed, no costs, connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr.CMP.(MD)No.419 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.07.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.419 of 2025 and C.M.P.(MD)No.11348 of 2025
M.Suresh
.. Petitioner
Vs.
P.Kavery .. Respondent
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the petition for dissolution of marriage in H.M.O.P.No.83 of 2025 pending on the file of Family Court, Srivilliputhur and transfer the same to the Family Court, Theni.
For Petitioner : Mr.K.Appadurai
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the petition for dissolution of marriage in H.M.O.P.No.83 of 2025 pending on the file of Family Court, Srivilliputhur and transfer the
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same to the Family Court, Theni.
The marriage between the petitioner and the respondent was solemnized on 15.02.2019 at Arulmigu Kanneeswaramudayar Thirukovil, Veerapandi, Theni District as per the Hindu Rites and Customs. Due the wedlock they have twin sons.
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5.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.
6.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 :
“ 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
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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. ”
7.But, in the present case, the husband filed the petition to transfer the above said HMOP proceedings without any valid reason, which is not entertainable. This Court finds no merit in this petition and this petition is liable to be dismissed.
8.Accordingly, this transfer civil miscellaneous petition stands
dismissed. No costs. Consequently, connected miscellaneous petition is closed.
18.07.2025
Index :Yes/No Speaking Order :Yes/No Neutral Citation :Yes/No TM
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Tr.CMP.(MD)No.419 of 2025
To
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Tr.CMP.(MD)No.419 of 2025
K.K. RAMAKRISHNAN, J.
TM
Tr.CMP.(MD)No.419 of 2025 and C.M.P.(MD)No.11348 of 2025
18.07.2025
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1 issue framed by the court
Whether the husband's petition to transfer the wife's divorce petition from Family Court, Srivilliputhur to Family Court, Theni should be allowed?
Colour shows how this judgement treated each authority
N.C.V.Aishwarya Vs. A.S.Saravana Karthik ShaRelied on¶6
2022 Live Law (SC) 627
1 provisions across 1 enactments
M.Suresh
P.Kavery
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
