Tr.C.M.P.(MD)No.133 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2026 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P.(MD)No.133 of 2026 and C.M.P.(MD)No.2616 of 2026 M.Selvarani ... Petitioner/ Respondent Vs. M.Sarathkumar ... Respondent/ Petitioner Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case bearing H.M.O.P.No.17 of 2026 on the file of the Family Court, Trichy, Tiruchirappalli District and subsequently transfer the same to the file of the Subordinate Court at Palani, Dindigul District along with the proceedings bearing H.M.O.P.No.232 of 2025 on their file forthwith. For Petitioner : Mr.S.Palanivelayutham For Respondent : No appearance 1/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.133 of 2026 ORDER The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.17 of 2026 from the file of the Family Court, Tiruchirappalli, and transfer the same to the file of the Subordinate Court, Palani, Dindigul District. 2. Despite receipt of notice, the respondent failed to enter into appearance. 3. Heard the learned counsel appearing for the petitioner. 4. It is seen from the records that the marriage between the petitioner and the respondent was solemnized on 13.12.2017 as per the Hindu rites and customs and due to their wedlock, they were blessed with one male child now aged 8 years and that subsequently there arose some misunderstanding and they are living separately. 5. It is evident from the records that the respondent filed a petition in H.M.O.P.No.17 of 2026 seeking restitution of conjugal rights and the 2/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.133 of 2026 same is pending on the file of the Family Court, Tiruchirappalli and that the petitioner has filed a petition in H.M.O.P.No.232 of 2025 seeking divorce and the same is pending on the file of the Subordinate Court, Palani. 6. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Palani along with her minor son and finds it difficult to travel to Tiruchirappalli to attend the hearings. 7. As already pointed out, the respondent, despite receipt of notice, has not turned up. 8. 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 : “The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends 3/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.133 of 2026 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." 9. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Palani, along with her minor son, this Court is of the considered view that H.M.O.P.No.17 of 2026 is liable to be withdrawn from the file of the Family Court, Tiruchirappalli and transferred to the file of the Subordinate Court, Palani. Accordingly, the learned Judge, Family Court, Tiruchirappalli, is hereby directed to transmit the entire records in H.M.O.P.No.17 of 2026 to the file of the Subordinate Court, Palani, within a period of 10 days from the date of receipt of a copy of this order and upon receipt of the case records, the 4/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P.(MD)No.133 of 2026 learned Subordinate Judge, Palani, shall take the petition on file and proceed with the same in accordance with law. 10. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs. 07.08.2026 NCC :yes/No Index :yes/No Internet:yes/No csm To 1. The Judge, Family Court, Tiruchirappalli. 2. The Judge, Family Court, Palani, Dindigul District. 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.133 of 2026 K.MURALI SHANKAR ,J. csm Order made in Tr.C.M.P.(MD)No.133 of 2026 and C.M.P.(MD)No.2616 of 2026 Dated : 07.08.2026 6/6 https://www.mhc.tn.gov.in/judis