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Madras High CourtTR CMP(MD)/527/2025disposed of

Muthueswari v. Surulirajan

2026-01-20Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2026 CORAM :

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ and C.M.P.(MD)No.14371 of 2025 Muthueswari .. Petitioner Vs.

Surulirajan .. Respondent Prayer : Transfer Civil Miscellaneous Petition filed under section 24 of Civil Procedure Code to withdraw the case in HMOP.No.375/2025 on the file of the Learned Family Court, Theni District and to transfer the said case to the Learned Sub Court at Thirumangalam, Madurai District and pass such further or other orders as this Honorable Court may deem fit and proper in the nature and circumstances of the case and thus render justice. For Petitioner : Mr.S.Sivaprakash For Respondent : Mr.B.Prahalad Ravi 1/6

ORDER

This Transfer Petition is at the instance of wife. She seeks withdrawal of H.M.O.P.No.375 of 2025 from the file of Family Court, Theni and transfer the same to the file of Sub Court, Thirumangalam.

2. Heard Mr.S.Sivaprakash, learned counsel for petitioner, Mr.B.Prahalad Ravi, learned Counsel for respondent and perused the materials available on record.

3. The marriage between Petitioner and Respondent was solemnized on 10.07.2024, according to Hindu rites and customs. Out of wedlock, a female child was born and she is now 3 months old. Due to differences, parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.375 of 2025 for divorce before the Family Court, Theni.

4. Learned Counsel for Petitioner would submit that Petitioner has to be accompanied by her aged parents. Petitioner is unemployed and does not have financial strength to even bear the travel expenditure to attend hearing at Family Court, Theni, which is approximately 147 Kms (to and fro) from 2/6

Madurai. She would therefore request this Court to transfer the case from the Family Court, Theni to Sub Court, Thirumangalam, Madurai District.

5. The learned counsel for the petitioner would submit that on 06.01.2026, when the matter was taken up for hearing, the respondent pleaded that petitioner had filed a domestic violence case before the Judicial Magistrate, Peraiyur, and there was threat to the life of respondent from the petitioner and her family members. In this regard, the petitioner has now filed an undertaking affidavit stating that there will be no threat to the life and limb of the respondent.

6. Mr.B.Prahalad Ravi, learned counsel for the respondent, upon perusal of the undertaking affidavit filed by the petitioner, submitted that respondent has no serious objection to transfer HMOP No.375 of 2025 from the file of Family Court, Theni, to the file of Sub Court, Thirumangalam, Madurai District.

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7. It is relevant to note that Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication that convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, 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 Madurai and Theni is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court hearings, I am inclined to allow the petition seeking transfer as prayed for.

8. In view thereof, H.M.O.P No.375 of 2025 pending on the file of Family Court, Theni, is hereby ordered to be withdrawn and transferred to the file of Sub Court, Thirumangalam, Madurai District. Learned Sub Judge, Thirumangalam, Madurai District, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months. 4/6

9. With the above observations, this Transfer Petition is disposed of. There is no order as to costs. Consequently, the connected miscellaneous petition is closed.

20.01.2026 Index:Yes/No Speaking Order :Yes/No gvn 5/6

MOHAMMED SHAFFIQ , J.

gvn To 1.The Judge, Family Court, Theni.

2.The Judge, Sub Court, Thirumangalam, Madurai District.

and C.M.P.(MD)No.14371 of 2025 20.01.2026 6/6