K.Karthika v. B.Vignesh

O R D E R The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the H.M.O.P.No.220 of 2024 from the file of the Principal Sub Court, Dindigul and transfer the same to the Family Court, Thoothukudi District.

¶2It is not in dispute that the marriage between the parties was solemnized on 19.11.2023 as per Hindu rites and customs and that subsequently, there arose some misunderstanding between them and that they are living separately.

¶3It is also not in dispute that the respondent has filed a petition in H.M.O.P.No.220 of 2024, seeking divorce and the same is pending on the file of the Principal Sub Court, Dindigul and that the petitioner has initiated the proceeding under the Domestic Violence Act and the same is pending in D.V.O.P.No.6 of 2025 on the file of the Court of Judicial Magistrate No.I, Thoothukudi.

¶4The learned counsel appearing for the petitioner would submit that the petitioner is residing at Thoothukudi District and finds it very difficult to travel to Dindigul to attend all the hearings.

¶5The learned counsel appearing for the respondent would submit that the petitioner has not assigned any valid reason or ground to transfer the case.

¶6In 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."

¶7Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Thoothukudi District, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.220 of 2024, is ordered to be withdrawn from the file of the Principal Sub Court, Dindigul and transfer the same to the Family Court, Thoothukudi District. The learned Principal Subordinate Judge, Dindigul, is hereby directed to transmit the entire records in H.M.O.P.No.220 of 2024 to the file of the Family Court, Thoothukudi District, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family, Thoothukudi District, is directed to take up the petition on file and proceed in accordance with law.

¶8With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

05.06.2026 NCC : Yes/No Index : Yes/No Internet :Yes/No das To

1.The Principal Subordinate Judge, Dindigul.

2.The Judge, Family Court, Thoothukudi District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P(MD).No.215oofo2025 K.MURALIoSHANKAR,oJ. DAS Orderomadeoino Tr.C.M.Po(MD).No.215oofo2025 and C.M.P(MD)No.5440oofo2025

05.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2026 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.215 of 2025 and C.M.P(MD)No.5440 of 2025 K.Karthika : Petitioner Vs B.Vignesh : Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.220 of 2024 from the file of the Sub Court, Dindigul and transfer the same to the Family Court, Thoothukudi District. For Petitioner : Mr.A.Mohamed Haneef, For Respondent : Mr.D.Ramesh Kumar