In matrimonial transfer petitions, the wife’s convenience must receive predominant consideration.

The petitioner-wife sought transfer of the respondent-husband’s petition for restitution of conjugal rights, H.M.O.P. No. 127 of 2026, and guardianship and custody petition, G.W.O.P. No. 168 of 2026, from courts in Coimbatore to the Family Court, Srivilliputhur.

She lived in Srivilliputhur with her parents and their three-and-a-half-year-old son, and submitted that travelling approximately 258 km to Coimbatore with the child was difficult.

The respondent proposed transfer to Dindigul, citing a fracture, but produced no supporting material. The parties’ allegations concerning harassment and the petitioner’s mental health were disputed. The High Court had stayed the underlying proceedings; the respondent’s challenge to that stay before the Supreme Court was dismissed.

1. Whether H.M.O.P. No. 127 of 2026 should be transferred from the II Additional Subordinate Court, Coimbatore, to the Family Court, Srivilliputhur under Section 24 CPC.

2. Whether G.W.O.P. No. 168 of 2026 should likewise be transferred from the Principal District Court, Coimbatore, to the Family Court, Srivilliputhur.

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

The Court applied the settled principle, attributed to a “catena” of Supreme Court decisions, that in transfer petitions involving matrimonial disputes, the wife’s convenience should receive predominant consideration. No individual precedent was identified by name in the order.

The wife’s residence with the minor child in Srivilliputhur was not specifically disputed, and requiring her to travel with the child to Coimbatore would cause difficulty. The respondent’s claimed fracture was unsupported by evidence, while transfer to Dindigul would require both parties to travel and would not serve a practical purpose.

The Court treated the competing allegations about harassment and the wife’s mental health as matters not determinative of the transfer applications. Giving predominant weight to the wife’s convenience, it found transfer to Srivilliputhur appropriate.

The respective Coimbatore courts were directed to transmit the records within two weeks of receiving the order. No costs were awarded, and the connected miscellaneous petitions were closed.