(Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and to transfer the above said H.M.O.P.No.552 of 2025 on the file of the Family Judge, Kanyakumari at Nagercoil, to the file of the Sub Court, Alandur.)

1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.552 of 2025 on the file of the Family Court, Kanyakumari District at Nagercoil, and transfer the same to the file of the Subordinate Court, Alandur.

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 06.12.2021 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.552 of 2025 seeking restitution of conjugal rights and the same is pending on the file of the Family Court, Kanyakumari District at Nagercoil and that the petitioner initiated proceedings under the Domestic Violence Act in D.V.C.No.12 of 2024 and also laid a maintenance claim in M.C.No.29 of 2025 and the same are pending on the file of the Additional Mahila Court, Alandur.

5. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Medavakkam, Kancheepuram District and finds it difficult to travel to Nagercoil to attend the hearings.

6. The learned counsel appearing for the respondent would submit that the parties entered into compromise before the District Social Welfare Officer before the initiation of the DVC proceedings and that the petitioner received the amount and jewels. But the learned counsel appearing for the petitioner would submit that they have only received the jewels and not the amount.

7. The learned counsel appearing for the respondent would submit that the matter may be referred to mediation. But the learned counsel appearing for the petitioner would submit that since the mediation was already attempted before the District Social Welfare Officer and also before the Family Court, Nagercoil, the petitioner is not willing for further mediation.

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. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Medavakkam, Kancheepuram District, this Court is of the view that the case in H.M.O.P.No.552 of 2025 is ordered to be withdrawn from the file of the Family Court, Kanyakumari District at Nagercoil, and transfer the same to the file of the Subordinate Court, Alandur. Accordingly, the learned Judge, Family Court, Kanyakumari District at Nagercoil, is hereby directed to transmit the entire records in H.M.O.P.No.552 of 2025 to the file of the Subordinate Court, Alandur, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case records, the learned Subordinate Judge, Alandur, is directed to take up the petition on file and proceed in accordance with law.

10. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.