BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026 CORAM THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and C.M.P.(MD).No.15249 of 2025 Jacqulin ... Petitioner Vs.

Yunes Chandran ... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw O.S.No.68 of 2023 on the file of the Family Court, Madurai and transfer the same to the Sub Court, Tambaram.

For Petitioner : Mr.B.Ponnu Pandi For Respondent : Mr.M.Jeyakumar

ORDER

This transfer petition is at the instance of the wife. She seeks withdrawal of O.S.No.68 of 2023 from the file of Family Court, Madurai and transfer the same to the Sub Court, Tambaram.

2. Heard Mr.B.Ponnu Pandi, learned counsel for petitioner and Mr.M.Jeyakumar, learned counsel for respondent.

3. Marriage between petitioner and respondent was solemnized on

03.06.2020 as per Christian rites and customs and they have a male child, who is now aged about 4½ years. Due to differences, parties have separated. Respondent/husband filed a suit in O.S.No.68 of 2023 for dissolution of marriage before Family Court, Madurai. Pleading that wife is residing in West Tambaram, Chennai and unable to travel from Tambaram to Madurai, she has moved this transfer petition.

4. Learned counsel for petitioner would submit that petitioner has to take care of her 4 ½ year old child. She has to be accompanied by her aged parents, who suffer from age related ailments. She also expressed difficulty inasmuch as she may have to travel a distance of 850 Kms (to and fro) to attend each hearing at Family Court, Madurai. She would therefore request this Court to transfer the case from the Family Court, Madurai to Sub Court, Tambaram.

5. Mr.M.Jeyakumar, learned counsel for respondent would submit that respondent has no objection to transfer the suit in O.S.No.68 of 2023 from the file of Family Court, Madurai to Sub Court, Tambaram. He would further submit that the matter is ready for trial and would only request that the case may be disposed of expeditiously.

6. This Court and the Supreme Court have consistently held in matters of transfer, convenience of wife should be given a superior consideration than that of husband. As the distance between Tambaram and Madurai is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court, I am inclined to allow the petition seeking transfer as prayed for.

7. In view thereof, O.S.No.68 of 2023 pending on the file of Family Court, Madurai, is hereby ordered to be withdrawn and transferred to the file of Sub Court, Tambaram. The Sub Court, Tambaram, is directed to dispose of the aforementioned suit expeditiously, preferably within a period of four months.

8. With the above observations, the Transfer Petition is allowed. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

02.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To

1.The Family Court, Madurai.

2.The Sub Court, Tambaram.

MOHAMMED SHAFFIQ , J .

Lm

02.02.2026