A Domestic Violence Case May Be Transferred to a More Convenient Forum Without Prejudice to the Parties.

The first petitioner and first respondent are spouses and have a minor son. The wife and child filed D.V.C. No. 3 of 2025 before the District Munsif-cum-Judicial Magistrate, Thiruvidaimaruthur.

The husband and his mother sought transfer of the case to the Judicial Magistrate, Keeranur, contending that attending hearings at Thiruvidaimaruthur was difficult and that the wife and child were residing in the husband’s house at Vayalogam, Pudukkottai. The wife opposed transfer, asserting that the husband had not paid maintenance ordered on an interim basis.

The Court noted records indicating that the husband had paid interim maintenance and the child’s school fees, and that the wife’s proof affidavit identified Vayalogam as her permanent address.

1. Whether D.V.C. No. 3 of 2025 should be withdrawn from the District Munsif-cum-Judicial Magistrate, Thiruvidaimaruthur, and transferred to the Judicial Magistrate, Keeranur

2. Whether the transfer would cause prejudice to the wife and child, having regard to their residence and the circumstances shown on record

The petition invoked Section 24 of the Code of Civil Procedure, under which the High Court may withdraw and transfer a pending proceeding. In deciding the request, the Court considered the parties’ circumstances, the practical convenience of the proposed forum, and whether transfer would prejudice the respondents.

The order cited no precedent or separate statutory rule governing the transfer of domestic-violence proceedings.

The Court considered the husband’s contention that he was living separately in rented accommodation and the wife and child were residing at the family’s house in Vayalogam. It also relied on the uncontroverted records of interim-maintenance and school-fee payments, and the wife’s proof affidavit stating Vayalogam as her permanent address.

On those circumstances, the Court concluded that transfer to Keeranur would not prejudice the respondents and would also be convenient for the wife; it therefore found the transfer justified.

The original court was directed to transmit the records within two weeks of receiving the order. No costs were awarded, and the connected miscellaneous petition was closed.