The apex court observed that when the transfer petition under section 24 is moved before the court while considering such petition wife’s convenience must be taken into account.

The court observed the object of section 24 of the code of civil procedure of 1908. Section 24 says that for the attainment of the end of justice the petition or appeal or other proceedings should be transferred. In matrimonial cases, where the petition of transfer is moved before the court, the court has to consider the economic position of both the parties, the social status of both the parties, the behavioural pattern of spouses, their living standards prior to marriage and after the marriage and other relevant circumstances. It’s necessary to see under whose shelter they are availing their rights and sustaining their life. While keeping in mind the structure of Indian Society, the wife’s convenience should be considered by the court in transferring the petition.

In this case, the husband filed the petition for divorce in the family court of Vellore and wife filed the petition under section 9 (Restitution of Conjugal Rights) of HMA, 1955 and the petition for maintenance under sec 125 of CRPC before the family court, Chennai. The wife moved the transfer petition under section 24 of CPC before the Vellore court but it was dismissed by the court.

Against the impugned order the wife moved before the Supreme Court Of India. She contended before the court that she is 21 years old and unemployed, her parents are of tender age it’s hard for her to travel alone from Chennai to Vellore throughout the proceeding.

The court after considering the petition passed the decision in favour of the wife and ordered to club the entire three petitions as two or more petitions pending between the same parties which raise the same question of fact and law then they should be tried together as the decision is interdependent in case.

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