(Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.299 of 2025 on the file of Sub Court, Sivakasi, Virudhunagar District and transfer the same to Family Court, Coimbatore, Coimbatore District.)

1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.299 of 2025 on the file of the Subordinate Court, Sivakasi, Virudhunagar District, and transfer the same to the file of the Family Court, Coimbatore.

2.  Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 05.12.2024 as per the Hindu rites and customs and that subsequently there arose some misunderstanding and they are living separately.

4. It is not in dispute that the respondent filed a petition in H.M.O.P.No.299 of 2025 seeking divorce and the same is pending on the file of the Subordinate Court, Sivakasi, that the petitioner initiated proceedings under the Domestic Violence Act and the same is pending in D.V.C.No.102 of 2025 on the file of the Chief Judicial Magistrate, Coimbatore and that the petitioner has filed a petition in H.M.O.P.No.15 of 2026 seeking divorce and the same is pending on the file of the Family Court, Coimbatore.

5. The learned counsel appearing for the respondent would submit that the respondent has filed the petition for divorce and only after the receipt of Court summons, the petitioner has filed the petition for divorce again and also initiated the DVC proceedings.

6. The learned counsel appearing for the petitioner would submit that the petitioner has filed the divorce petition on 20.06.2025 even before the receipt of summons in H.M.O.P.No.299 of 2025 and that DVC proceeding was initiated on 13.05.2025.

7. The learned counsel appearing for the respondent would submit that the petitioner has not assigned any valid reason or ground to transfer the case. But the fact remains that the respondent has been attending the Court of the Chief Judicial Magistrate, Coimbatore with respect to the  DVC case pending on its file.

8. In 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.”

 9. At this juncture, the learned counsel appearing for the respondent would submit that personal appearance of the respondent may be dispensed with.

10. Considering the above facts and circumstances and also taking note of the fact that the respondent has been attending before the Chief Judicial Magistrate, Coimbatore for DVC proceedings, this Court is of the considered view that H.M.O.P.No.299 of 2025 is liable to be withdrawn from the file of the Subordinate Court, Sivakasi, Virudhunagar District and transferred to the file of the Family Court, Coimbatore. Accordingly, the learned Subordinate Judge, Sivakasi, Virudhunagar District, is hereby directed to transmit the entire records in H.M.O.P.No.299 of 2025 to the file of the Family Court, Coimbatore, within a period of 10 days from the date of receipt of a copy of this order and upon receipt of the case records, the learned Judge, Family Court, Coimbatore, shall take the petition on file and proceed with the same in accordance with law.

11. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. The respondent is at liberty to approach the Family Court, Coimbatore, for dispense with his personal appearance and on such application being filed, the learned Judge, Family Court, Coimbatore, is directed to consider the same on merits and in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.