Tr.C.M.P.(MD)No.488 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2026 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P.(MD)No.488 of 2025 and C.M.P.(MD)No.13737 of 2025 V.Maharani ... Petitioner/ Respondent Vs. M.Kartick ... Respondent/ Petitioner Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.136 of 2025 on the file of Family Court, Sivagangai and to transfer the same to Sub Court, Paramakudi. For Petitioner : Mr.D.Senthil For Respondent : M/s.A.S.Rajeswari 1/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.488 of 2025 ORDER The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.136 of 2025 from the file of the Family Court, Sivagangai, and transfer the same to the file of the Subordinate Court, Paramakudi. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 3. It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 20.08.2023 as per the Hindu rites and customs and that subsequently there arose some misunderstanding and they are living separately. 4. It is not in dispute that the respondent filed a petition in H.M.O.P.No.136 of 2025 seeking divorce and the same is pending on the file of the Family Court, Sivagangai and that the petitioner has earlier filed a petition in H.M.O.P.No.114 of 2024 seeking restitution of conjugal 2/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.488 of 2025 rights and the same is pending on the file of the Subordinate Court, Paramakudi. 5. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Paramakudi Taluk, Ramanathapuram District and finds it difficult to travel to Sivagangai to attend the hearings. 6. The learned counsel appearing for the respondent would submit that the respondent is facing threats. But admittedly, even according to the learned counsel appearing for the respondent, the respondent has not preferred any police complaint nor taken any action till now for the alleged threats. 7. In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha reported in 2022 Live Law (SC) 627, the Hon'ble Supreme Court has reiterated the position with generally, it is the wife's convenience, which must be looked at while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder : 3/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.488 of 2025 “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 socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.", the bench observed.” 8. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Paramakudi Taluk, Ramanathapuram District, this Court is of the view that the case in H.M.O.P.No.136 of 2025 is ordered to be withdrawn from the file of the Family Court, Sivagangai, and transfer the same to the file of the Subordinate Court, Paramakudi. Accordingly, the learned Judge, Family Court, Sivagangai, is hereby directed to transmit the entire records in 4/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.488 of 2025 H.M.O.P.No.136 of 2025 to the file of the Subordinate Court, Paramakudi, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Subordinate Judge, Paramakudi, is directed to take up the petition on file and proceed in accordance with law. 9. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs. 09.06.2026 NCC :yes/No Index :yes/No Internet:yes/No csm To 1. The Judge, Family Court, Sivagangai. 2. The Subordinate Judge, Paramakudi. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.488 of 2025 K.MURALI SHANKAR ,J. csm Order made in Tr.C.M.P.(MD)No.488 of 2025 and C.M.P.(MD)No.13737 of 2025 Dated : 09.06.2026 6/6 https://www.mhc.tn.gov.in/judis