Raziya Sulthana v. Krishna Chandrar @ Abdul Rahman

O R D E R The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the suit in O.S.No.10 of 2024 on the file of the Family Court, Dindigul and transfer the same to the file of the Family Court, Madurai.

¶2It evident from the records that the marriage between the parties was solemnized on 17.05.2013 and due to their wed-lock, they were blessed with two children. It is not in dispute that the respondent has filed a suit in O.S. No.10 of 2023, seeking declaration of divorce and the same is pending on the file of the Family Court, Dindigul.

3.The learned counsel for the petitioner would submit that the petitioner has been taking treatment for cancer at Madurai; that she is having two special children and she has to take care of them and finds it very difficult to travel from Madurai to Dindigul to attend the hearings.

4.Though the respondent has entered into appearance through his counsel, there is no representation for the past two hearings.

¶5In 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."

¶6Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Madurai and also the fact that she has to take care of her two special children, this Court is of the view that the suit in O.S.No.10 of 2024, is ordered to be withdrawn from the file of the Family Court, Dindigul and transfer the same to the file of the Family Court, Madurai. Accordingly, the learned Judge, Family Court, Dindigul, is hereby directed to transmit the entire records in O.S.No.10 of 2024 to the file of the Family Court, Madurai, 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 Court, Madurai, is directed to take up the suit on file and proceed in accordance with law.

¶7With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

28.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To

1.The Judge, Family Court, Dindigul.

2.The Judge, Family Court, Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P(MD).No.548oofo2024 K.MURALIoSHANKAR,oJ. DAS Orderomadeoino Tr.C.M.Po(MD).No.548oofo2024 and C.M.P(MD)No.13055oofo2024

28.01.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.548 of 2024 and C.M.P(MD)No.13055 of 2024 Raziya Sulthana : Petitioner Vs. Krishna Chandar @ Abdul Rahman : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in O.S.No.10 of 2024 on the file of the Family Court, Dindigul and transfer the same to the file of the Family Court, Madurai. For Petitioner : Mr.G.Silambarasan, For Respondent : No Appearance.