J.Anniemary v. Anthony Samy

ORDER The Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.P.No.101 of 2025 from the file of the Principal District Court, Tenkasi, and transfer the same to the file of the Family Court, Tirunelveli.

¶2Despite the receipt of notice, the respondent failed to enter into appearance.

¶3Heard the learned counsel appearing for the petitioner.

¶4It is seen from the records that the marriage between the petitioner and the respondent was solemnized on 14.02.2022 as per the Christian rites and customs and due to their wedlock, they were blessed with one female child now aged 2 years and that subsequently there arose some misunderstanding and they are living separately.

¶5It is evident from the records that the respondent filed a petition in I.D.O.P.No.101 of 2025 seeking divorce and the same is pending on the file of the Principal District Court, Tenkasi.

¶6The learned counsel appearing for the petitioner would submit that the petitioner is residing at Tirunelveli along with her minor daughter and finds it difficult to travel to Tenkasi to attend the hearings.

¶7As already pointed out, despite the receipt of notice, the respondent has not turned up.

¶8In 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 reiterated the position with generally, it is the wife's convenience, which must be looked at 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 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."

¶9Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Tirunelveli along with her minor daughter, this Court is of the considered view that I.D.O.P.No.101 of 2025 is liable to be withdrawn from the file of the Principal District Court, Tenkasi and transferred to the file of the Family Court, Tirunelveli. Accordingly, the learned Principal District Judge, Tenkasi, is hereby directed to transmit the entire records in I.D.O.P.No.101 of 2025 to the file of the Family Court, Tirunelveli, within a period of 10 days from the date of receipt of a copy of this order and upon receipt of the case records, the learned Judge, Family Court, Tirunelveli, shall take the petition on file and proceed with the same in accordance with law.

¶10With the above direction, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

07.08.2026 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The Principal District Judge, Tenkasi.

¶2The Judge, Family Court, Tirunelveli.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P.(MD)No.157oofo2026 oK.MURALIoSHANKARoo,Jo. csm Orderomadeoin Tr.C.M.P.(MD)No.157oofo2026 and C.M.P.(MD)No.3422oofo2026 Datedo:o07.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2026 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.3422 of 2026 J.Anniemary ... Petitioner/ Respondent Vs. Anthony Samy ... Respondent/ Petitioner Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in I.D.O.P.No.101 of 2025 on the file of the learned Principal District Court, Tenkasi and transfer the same to the learned Family Court, Tirunelveli. For Petitioner : Mr.M.Pandian For Respondent : No appearance