S.Abinaya Alias Divya v. R.Gnanasekar

ORDER The Transfer Civil Miscellaneous Petition is filed to withdraw the case from the file of the Subordinate Court, Pollachi, Coimbatore District, in H.M.O.P.No.150 of 2024 and transfer the same to the file of the Family Court, Ramanathapuram or any other competent Court in Ramanathapuram District.

¶2Despite receipt of notice, the respondent has not chosen to enter 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 13.06.2019 and due to their wedlock, they were blessed with a male child. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.150 of 2024 seeking divorce and the same is pending on the file of the Subordinate Court, Pollachi. It is also not in dispute that the petitioner has filed a petition in H.M.O.P.No.95 of 2024 seeking restitution of conjugal rights and the same is pending on the file of the Family Court, Ramanathapuram and that the petitioner has also initiated proceedings under the Domestic Violence Act in D.V.A.C.No.39 of 2024 and the same is pending on the file of the Additional Mahila Court, Ramanathapuram.

¶5The learned counsel appearing for the petitioner would submit that the petitioner is residing at Velipattinam, Ramanathapuram District and finds it difficult to travel to Pollachi 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 Ramanathapuram District and also the fact that the petitioner's DVC case and restitution petition are pending before the Ramanathapuram Courts, this Court is of the view that the case in H.M.O.P.No.150 of 2024 is ordered to be withdrawn from the file of the Subordinate Court, Pollachi, Coimbatore District, and transfer the same to the file of the Family Court, Ramanathapuram. Accordingly, the learned Subordinate Judge, Pollachi, Coimbatore District, is hereby directed to transmit the entire records in H.M.O.P.No.150 of 2024 to the file of the Family Court, Ramanathapuram, 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 of Family Court, Ramanathapuram, 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.

28.01.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The Subordinate Judge, Pollachi, Coimbatore.

¶2The Judge, Family Court, Ramanathapuram.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P.(MD)No.667oofo2024 oK.MURALIoSHANKARoo,Jo. csm Orderomadeoin Tr.C.M.P.(MD)No.667oofo2024 and C.M.P.(MD)No.16053oofo2024 Datedo:o28.01.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.16053 of 2024 S.Abinaya @ Divya ... Petitioner Vs. R.Gnanasekar ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case H.M.O.P.No.150 of 2024 from the file of the learned Subordinate Court at Pollachi in Coimbatore District and transfer the same to the Family Court, Ramanathapuram District or any other competent Court in Ramanathapuram District. For Petitioner : Mr.A.Murugaboopathi Maharaja For Respondent : No appearance