BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2026 CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.19894 of 2025 Latha ... Petitioner/

Respondent/

Wife Vs.

Saravanakumar ... Respondent/

Petitioner/

Husband Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer the H.M.O.P.No.115 of 2025 on the file of Sub Court, Sankarankovil to be heard and tried at Sub Court, Virudhunagar, and the disposal of the same on merits and in accordance with law.

For Petitioner : Mr.E.Mareeskumar For Respondent : Mr.T.Indrachithu

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case from the file of the Subordinate Court, Sankarankovil, in H.M.O.P.No.115 of 2025 and transfer the same to the file of the Subordinate Court, Virudhunagar.

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 21.01.2019 and that subsequently there arose some misunderstanding and they are living separately. It is also not in dispute that the respondent has filed a petition in H.M.O.P.No.115 of 2025 seeking restitution of conjugal rights and the same is pending on the file of the Subordinate Court, Sankarankovil.

4. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Virudhunagar along with her 5 years old girl child and finds it difficult to travel from Virudhunagar to Sankarankovil to attend the hearings.

5. The learned counsel appearing for the respondent would submit that they are not having any objections to transfer the case but would submit that time frame may be fixed for disposal of the case.

6. 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 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.”

7. Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Virudhunagar along with her 5 years old child, this Court is of the view that the case in H.M.O.P.No. 115 of 2025 is ordered to be withdrawn from the file of the Subordinate Court, Sankarankovil, and transfer the same to the file of the Subordinate Court, Virudhunagar. Accordingly, the learned Subordinate Judge, Sankarankovil, is hereby directed to transmit the entire records in H.M.O.P.No.115 of 2025 to the file of the Subordinate Court, Virudhunagar, 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, Virudhunagar, is directed to take up the petition on file and proceed in accordance with law.

8. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. The respondent is at liberty to approach the concerned Court for requesting early disposal of the case and on such requisition, the learne