Madras High Court
K.Ramalakshmi @ Nandhini vs N.Rengaraja @ Tenzing on 12 June, 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
Tr.CMP.(MD)No.256 of 2025
and
C.M.P.(MD)No.6700 of 2025
K.Ramalakshmi @ Nandhini .. Petitioner
Vs.
N.Rengaraja @ Tenzing .. Respondent
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 and
Section 151 of the Code of Civil Procedure, to withdraw the case in
H.M.O.P.No.115 of 2023 on the file of the learned Principal Sub Court,
Dindigul and transfer the same to the file of the Family Court, Theni, Theni
District for disposal on merits in accordance with law.
For Petitioner : Mr.T.Wins
For Respondent : No Appearance
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ORDER
The present Transfer Civil Miscellaneous Petition has been filed
to withdraw the suit in H.M.O.P.No.115 of 2023 on the file of the learned
Principal Sub Court, Dindigul and transfer the same to the file of the Family
Court, Theni, Theni District.
2. The petitioner is the wife and the respondent is the husband.
The marriage between the petitioner and the respondent was solemnized
on 28.05.2021 at Kodairoad Krishna Mahal, Dindigul, as per the Hindu
Rites and Customs, which was registered on 01.06.2022 at the Registrar's
Office in Thoothukudi.
3. Due to some matrimonial discord, the parties have separated.
Therefore, the respondent/husband initiated a proceeding in H.M.O.P.No.
115 of 2023, on the file of the Principal Sub Court, Dindigul, Dindigul
District, for dissolution of the marriage.
4. The learned counsel appearing for the petitioner/wife submits
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that his client is living in Aundipatti, Theni District and she was taken care
of by her parents. The distance between the petitioner's residence to
Dindigul, is around 85 Kms, and being a lady, she finds it difficult to travel
such a long distance for attending every Court hearing. She has also filed
DVC case before the learned Judicial Magistrate, Aundipatti. Hence, she
seeks transfer of proceeding in H.M.O.P.No.115 of 2023 from the file of the
Principal Sub Court, Dindigul, Dindigul District, to the file of the Family
Court, Theni, Theni District.
5. Even though notice was served upon the respondent, he did not
chose to appear before this Court either in person or through Counsel.
6. Heard the learned counsel appearing for the learned counsel for
the petitioner and perused the materials available on records.
7. In 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 dealt
with the position generally, that it is the wife's convenience, which must be
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looked into 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.”
8. It is also well settled proposition of law that whenever a
transfer petition is filed in matrimonial disputes, the convenience of the
wife should be predominantly looked into, and the wife’s convenience shall
be given preference.
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9. Considering the overall facts and circumstances of the case and
also taking into account of the inconvenience expressed by the petitioner in
attending every court hearing, by travelling 2 hours journey to reach the
Principal Sub Court, Dindigul, Dindigul District, situated 85 kms away
from her Domicile, namely, Aundipatti, Theni District, incurring huge
expense, this court inclines to allow the petition.
10. The learned Principal Subordinate Judge, Dindigul, Dindigul
District, is hereby directed to transfer the entire records pertaining to the
case, in H.M.O.P.No.115 of 2023, to the file of the learned District Judge,
Family Court, Theni, Theni District District, within a period of four weeks
from the date of receipt of a copy of this order, and on receipt of such
records, the learned District Judge, Family Court, Theni, Theni District
District, is directed to take the case on file and dispose of the case as
expeditiously as possible in accordance with law.
11. Accordingly, this Transfer Civil Miscellaneous Petition stands
allowed. There shall be no order as to costs. Consequently, the connected
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Civil Miscellaneous Petition is closed.
12.06.2025
Index :Yes/No
Speaking Order :Yes/No
Neutral Citation :Yes/No
TM
To
1.The Principal Subordinate Judge, Dindigul, Dindigul District.
2.The District Judge, Family Court, Theni, Theni District.
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K.K. RAMAKRISHNAN, J.
TM Tr.CMP.(MD)No.256 of 2025 and C.M.P.(MD)No.6700 of 2025 12.06.2025 Page 7 of 7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/06/2025 05:50:18 pm )