Deepasri v. Yuvaraja

O R D E R The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H.M.P.O.No.792 of 2024 on the file of the Family Court, Madurai and transfer the same to the Subordinate Court, Uthamapalayam.

¶2It evident from the records that the marriage between the parties was solemnized on 16.06.2016. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.792 of 2024, seeking divorce and the same is pending on the file of the Family Court, Madurai. It is not in dispute that the petitioner has initiated the proceedings under the Domestic Violence Act in D.V.C.No.42 of 2024 and the same is pending on the file of the Judicial Magistrate Court, Uthamapalayam.

3.The learned counsel for the petitioner would submit that the petitioner is residing at Uthamapalayam and finds it very difficult to travel to Madurai to attend the hearings.

¶4The learned counsel for the respondent would submit that they are having objections to transfer the case.

¶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is residing at Uthamapalayam, this Court is of the view that the petition in H.M.O.P.No.792 of 2024, is ordered to be withdrawn from the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Uthamapalayam. Accordingly, the learned Judge, Family Court, Madurai, is hereby directed to transmit the entire records in H.M.O.P.No.792 of 2024 to the file of the Sub Court, Uthamapalayam, 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 Subordinate Judge, Uthamapalayam, is directed to take up the petition 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.

29.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To

1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Uthamapalayam.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P(MD).No.591oofo2024 K.MURALIoSHANKAR,oJ. DAS Orderomadeoino Tr.C.M.Po(MD).No.591oofo2024 and C.M.P(MD)No.13900oofo2024

29.01.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.591 of 2024 and C.M.P(MD)No.13900 of 2024 Deepasri : Petitioner Vs. V.Yuvaraja : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.P.O.No.792 of 2024 on the file of the Family Court, Madurai and transfer the same to the Subordinate Court, Uthamapalayam. (prayer amended vide Court order, dated 19.11.2024 made in CMP(MD)No.16310/2024 in Tr.CMP(MD)No.591/2024) For Petitioner : Mr.V.A.Dhana Aravindha Balaji For Respondent : Mr.S.Balaji