Livya v. P.Rajasekaran

ORDER The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Subordinate Court, Sankarankovil, in H.M.O.P.No. 134 of 2024 and transfer the same to the file of the Subordinate Court,

¶2Despite receipt of Court notice, the respondent has not entered into appearance.

¶3Heard the learned counsel appearing for the petitioner.

¶4It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 04.02.2022. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.134 of 2024 seeking divorce and the same is pending on the file of the Subordinate Court, Sankarankovil.

¶5The learned counsel appearing for the petitioner would submit that the petitioner is residing at Thoothukudi and finds it difficult to travel from Thoothukudi to Sankarankovil to attend the hearings.

¶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 above facts and circumstances and also taking note of the fact that the petitioner is residing at Thoothukudi, this Court is of the view that the case in H.M.O.P.No.134 of 2024 is ordered to be withdrawn from the file of the Subordinate Court, Sankarankovil, and transfer the same to the file of the Subordinate Court, Thoothukudi. Accordingly, the learned Subordinate Judge, Sankarankovil, is hereby directed to transmit the entire records in H.M.O.P.No.134 of 2024 to the file of the Subordinate Court, Thoothukudi, 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, Thoothukudi, 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.

03.01.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The Subordinate Judge, Sankarankovil.

¶2The Subordinate Judge,

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P.(MD)No.639oofo2024 oK.MURALIoSHANKARoo,Jo. csm Orderomadeoin Tr.C.M.P.(MD)No.639oofo2024 and C.M.P.(MD)No.15258oofo2024 Datedo:o03.01.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.15258 of 2024 Livya ... Petitioner Vs. P.Rajasekaran ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the H.M.O.P.No.134 of 2024 on the file of learned Sub Court, Sankarankoil and transfer the same to the file of learned Sub Court, For Petitioner : Mr.V.Shathurthi Raja For Respondent : No appearance