In the case of N.C.V.Aishwarya v. A.S.Saravana Karthik Sha reported

Tr.C.M.P(MD).No.83 of 2026BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 15.04.2026CORAMTHE HONOURABLE MR.JUSTICE K.MURALI SHANKARTr.C.M.P (MD).No.83 of 2026andC.M.P(MD)No.1604 of 2026N.Shanmuga Priya : PetitionerVsT.Satheeswaran: RespondentPrayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P. No.1482 of 2024 from the file of the Family Court, Madurai and transfer the same to the Family Court, Aruppukkottai. For Petitioner : Mr.M.Rajarajan, For Respondent : No Appearance.

O R D E RThe Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H.M.O.P. No.1482 of 2024 from the file of the Family Court, Madurai and transfer the same to the Family Court, Aruppukkottai. 1/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD).No.83 of 20262. When the matter was taken up on 27.03.2026, there was no representation for the respondent and hence, the matter was adjourned to 15.04.2026. Even today (ie.,15.04.2026) there is no representation for the respondent. 3. It is evident from the records that the marriage between the parties was solemnized on 02.02.2017 as per Hindu rites and customs and due to their wed-lock they were blessed with a female child now aged about 6 years and that subsequently, there arose some misunderstanding between them and they are living separately.4. It is not in dispute that the respondent has filed a petition in H.M.O.P.No.1482 of 2024, seeking divorce and the same is pending on the file of the Family Court, Madurai and that the petitioner has laid maintenance claim in M.C.No.22 of 2024 before the Judicial Magistrate Court, Aruppukkottai.5.

The learned counsel for the petitioner would submit that the petitioner is residing at Aruppukkottai, along with female child and finds it very difficult to travel to Madurai to attend all the hearings.2/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD).No.83 of 20266. As already pointed out, despite receipt of notice, the respondent has not turned up. 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 :“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.” 3/6 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD).No.83 of 20268. Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Aruppukkottai, Virudhunagar District, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.1482 of 2024, is ordered to be withdrawn from the file of the Family Court, Madurai and transfer the same to the Family Court, Aruppukkottai. The learned Judge, Family Court, Madurai, is hereby directed to transmit the entire records in H.M.O.P.No.1482 of 2024 to the file of the Family Court, Aruppukkottai, 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 Judge, Family Court, Aruppukkottai, is directed to take up the petition on file and proceed in accordance with law.