A wife’s convenience must receive predominant consideration in matrimonial transfer petitions.

The parties married on 6 June 2025 and have no children.

They separated, and the wife was residing with her parents in Tiruchirappalli.

The husband filed H.M.O.P. No. 489 of 2026 for divorce before the Family Court, Salem.

The wife sought transfer of the proceeding to the Family Court, Tiruchirappalli, citing the difficulty of travelling from her parental home to Salem and her lack of independent means.

The husband opposed transfer, alleging that the wife had left the matrimonial home voluntarily and that he feared harassment because her relative worked at the All Women Police Station in Tiruchirappalli; he also referred to his parents’ ill health.

1. Whether the husband’s divorce petition should be transferred from the Family Court, Salem, to the Family Court, Tiruchirappalli, having regard to the wife’s residence and convenience.

Section 24 read with Section 151 of the Code of Civil Procedure empowers the High Court to withdraw and transfer proceedings.

In matrimonial transfer petitions, the wife’s convenience is to be given predominant consideration, as reflected in the Supreme Court decisions referred to by the Court, though no decisions were specifically named in the order.

Allegations concerning the parties’ marital conduct are not to be determined in a transfer petition and may be adjudicated in the appropriate proceedings.

The Court treated the parties’ competing allegations about the breakdown of the marriage as matters for adjudication in the underlying proceedings, not as grounds to decide the transfer petition.

It found that the wife was living with her parents in Tiruchirappalli and applied the principle that her convenience should receive predominant consideration in a matrimonial transfer.

The husband’s concern about possible harassment arising from the wife’s police complaint and her relative’s employment at the police station was not considered a valid reason to refuse transfer; the Court noted that he could obtain legal assistance if needed.

The Family Court, Salem, was directed to transmit the records within two weeks of receiving the order.

No costs were awarded, and the connected civil miscellaneous petition was closed.