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CDJ 2026 MHC 2134
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : Tr.C.M.P. (MD) Nos. 691 & 692 of 2025 & C.M.P. (MD) Nos. 19715 & 19716 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE K. MURALI SHANKAR |
| Parties : Keerthika Versus Ravivarman |
| Appearing Advocates : For the Petitioner: U. Munees Kumar, Advocate. For the Respondent: M/s. M. Indrani for M. Shakul Hameed, Advocates. |
| Date of Judgment : 06-03-2026 |
| Head Note :- |
Civil Procedure Code - Section 24 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 24 C.P.C.
2. Catch Words:
- Transfer
- Divorce
- Custody
- Wife’s convenience
3. Summary:
The petitioner sought transfer of two pending matrimonial matters— a divorce petition (H.M.O.P. No.277 of 2023) and a custody petition (G.W.O.P. No.170 of 2025)—from courts in Thirumangalam and Srivilliputhur to the Family Court in Coimbatore, citing his employment there. The respondent raised no specific objection to the transfer. The court referred to the Supreme Court’s principle that, in matrimonial cases, the wife’s convenience is a primary consideration under Section 24 of the CPC. Considering the petitioner’s residence and work in Coimbatore, the court ordered the withdrawal of both cases from the lower courts and their transmission to the Coimbatore Family Court. The transfer petitions were granted and related miscellaneous petitions were closed without costs.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer in Tr.C.M.P.(MD)No.691 of 2025: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.277 of 2023 pending on the file of the learned Sub Court, Thirumangalam, Madurai District and to transfer the same to the learned Family Court, Coimbatore.
Tr.C.M.P.(MD)No.692 of 2025: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in G.W.O.P.No.170 of 2025 pending on the file of the learned Additional District Court, Srivilliputhur and to transfer the same to the learned Family Court, Coimbatore. (in both the petitions)
Common Order:
1. The petition in Tr.C.M.P.(MD)No.691 of 2025 is filed to withdraw the case from the file of the Subordinate Court, Thirumangalam, in H.M.O.P.No.277 of 2023 and transfer the same to the file of the Family Court, Coimbatore.
2. The petition in Tr.C.M.P.(MD)No.692 of 2025 is filed to withdraw the case from the file of the Additional District Court, Srivilliputhur, in G.W.O.P.No.170 of 2025 and transfer the same to the file of the Family Court, Coimbatore.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 30.10.2019 as per the Hindu Rites and Customs and that subsequently there arose some misunderstanding and they are living separately.
5. The learned counsel appearing for the petitioner would submit that the respondent filed a petition in H.M.O.P.No.277 of 2023 seeking divorce and the same is pending on the file of the Subordinate Court, Thirumangalam and he has also filed a petition in G.W.O.P.No.170 of 2025 seeking custody of minor son and the same is pending on the file of the Additional District Court, Srivilliputhur.
6. The respondent filed counter affidavit in both the matters. The respondent in the counter affidavit raised some allegations touching the merits of the case but he has not raised any specific objections to transfer the case.
7. It is pertinent to note that the petitioner is now working at Coimbatore.
8. 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 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.”
9. Considering the above facts and circumstances and also taking note of the fact that the petitioner is working at Coimbatore, this Court is of the view that the cases in H.M.O.P.No.277 of 2023 and G.W.O.P.No. 170 of 2025 are ordered to be withdrawn from the file of the Subordinate Court, Thirumangalam and the Additional District Court, Srivilliputhur respectively and transfer the same to the file of the Family Court, Coimbatore. Accordingly, the learned Subordinate Judge, Thirumangalam and the learned Additional District Judge, Srivilliputhur, are hereby directed to transmit the entire records in H.M.O.P.No.277 of 2023 and G.W.O.P.No.170 of 2025 respectively to the file of the Principal Family Court, Coimbatore, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundles, the learned Judge, Principal Family Court, Coimbatore, is directed to take up the petitions on file and proceed in accordance with law.
10. With the above direction, these Transfer Civil Miscellaneous Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed. No costs.
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