Madras High Court
Mrs.R.Aswini Kumar vs Mr.T.S.Jai Ganesh on 6 October, 2025
Tr.CMP.No.842 of 2024 and C.M.P.No.18724 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Tr.CMP.No.842 of 2024
and
C.M.P.No.18724 of 2024
Mrs.R.Aswini Kumar ... Petitioner
Versus
Mr.T.S.Jai Ganesh ... Respondent
Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the
CPC, to withdraw the proceedings in H.M.O.P.No.1941 of 2023 pending on
the file of I Additional Family Court, Chennai to the file of Subordinate
Court, Neyveli.
For Petitioner : Mr.J.Pradeep
For Respondent : No appearance
ORDER
The petitioner / wife has come up with the above transfer petition,
seeking transfer of H.M.O.P.No.1941 of 2023 from the file of I Additional
Family Court, Chennai to the file of Subordinate Court, Neyveli.
2. Despite service of notice in the above transfer petition, the
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respondent has neither chosen to appear in person nor through counsel. The
name of the respondent is also printed in the cause list. Name of the
respondent was called out, but there is no response. Hence, he is set ex parte.
I have proceeded to hear the learned counsel for the petitioner. I have also
gone through the affidavit filed in support of the request for transfer.
3. The learned counsel appearing for the petitioner would submit that
the respondent husband has filed a petition for dissolution of marriage in
H.M.O.P.No.1941 of 2023 on the file of I Additional Family Court, Chennai
and the same is pending.
4. The petitioner states that she is living with her parents at Neyveli and
she is dependent on her parents for the livelihood and hence, it would be
extremely difficult for her to attend each and every hearing at I Additional
Family Court, Chennai. It is also stated that there is also another litigation
pending between the parties before the Magistrate Court at Neyveli.
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5. I am satisfied that the petitioner has made out a good ground for
transferring H.M.O.P.No.1941 of 2023 from the file of I Additional Family
Court, Chennai to the file of Subordinate Court, Neyveli.
6. At this juncture, it may be apposite to cite the judgment of the
Hon'ble Apex Court in N.C.V.Aishwarya vs. A.S.Saravana Karthik
(MANU/SC/1211/2022 : 2022 Live Law (SC) 627) held at paras 9 and 10,
which reads as under:-
"9. 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 socio-
economic paradigm in the Indian society, generally, it is the
wife's convenience which must be looked at while considering
transfer. (emphasis supplied)
10.Further, when two or more proceedings are pending in
different Courts between the same parties which raise common
question of fact and law, and when the decisions in the cases
are interdependent, it is desirable that they should be tried
together by the same Judge so as to avoid multiplicity in trial of
the same issues and conflict of decisions”.
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7. It is also relevant to refer the decision made by the Madurai
Bench of Madras High Court in TR.CMP(MD)No.108 of 2010 dated
03.03.2011, wherein, it has observed as below:-
''18.It is true that section 19 of the Hindu Marriage Act, has
been amended by insertion of proviso of (iii)(a) to section 19. Of
Course, this amended section 19(iii)(a) gives special preference to
the wife to file a petition or defending the case of the husband
before the Court within whose jurisdiction she resides. The
intention of the legislator is to safe-guard the interest and rights of
the women, who are being subjected to harassment and cruelty.
But this special preference conferred under section 19 (iii)(a) of
the Hindu Marriage Act shall not be used to wreck vengeance on
the husband. There must be a justifiable cause to select the
jurisdiction of the Court where she resides.''
8. Considering the proposition laid down in the judgment of the
Hon'ble Supreme Court in N.C.V.Aishwarya case cited supra and also
considering the observation made by this Court, wherein, it has been held that
convenience of the wife has to be considered, while transferring the case from
one Court to another, there can be no impediment for allowing this petition as
prayed for.
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9. Accordingly, this Transfer Civil Miscellaneous Petition is allowed
and the case in H.M.O.P.No.1941 of 2023 is withdrawn from the file of I
Additional Family Court, Chennai and transferred to the file of the
Subordinate Court, Neyveli. Considering the facts and circumstances of the
case, there shall be no orders as to costs. Consequently, connected Civil
Miscellaneous Petition is closed.
06.10.2025
Index : Yes/No
Speaking order : Yes/No
Neutral Case Citation : Yes/No
gpa
To
1. I Additional Family Court, Chennai
2. The Subordinate Court, Neyveli
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Tr.CMP.No.842 of 2024 and C.M.P.No.18724 of 2024
M. JOTHIRAMAN, J.
gpa
and
06.10.2025
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