Shalini v. Chellapandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.689 of 2025 and C.M.P(MD)No.19690 of 2025 Shalini : Petitioner Vs Chellapandi : Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the petition in H.M.O.P.No.249 of 2025 from the file of the Subordinate Court, Uthamapalayam and transfer the same to the file of the Family Court, Madurai.

For Petitioner : Mr.V.Sakthi, For Respondent : Mr.T.Jeyakumar.

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the petition in H.M.O.P.No.249 of 2025 from the file of the Subordinate Court, Uthamapalayam and transfer the same to the Family Court, Madurai.

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2. It is not in dispute that the marriage between the parties was solemnized on 20.08.2023 as per Hindu rites and customs and that subsequently, there arose some misunderstanding between them and they are living separately.

3. It is also not in dispute that the respondent has filed a petition in H.M.O.P.No.249 of 2025, seeking divorce and the same is pending on the file of the Sub Court, Uthamapalayam. He would submit that the petitioner is residing at Madurai and finds it very difficult to travel to Uthamapalayam to attend all the hearings.

4. The learned counsel for the respondent would submit that the petitioner is having physiological issues and due to that problem, the only child born to them had died and that therefore, the case may be transferred in between Uthamapalayam and Madurai.

5. Even according to the learned counsel for the respondent, the petitioner has been suffering from physiological issues and hence, the question of transferring the case between Uthamapalayam and Madurai, does not arise.

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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.The learned counsel for the respondent would submit that the personal appearance may be dispensed with before the Court below.

8. Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Madurai, this Court is inclined to 3/6

allow this petition. Accordingly, the petition in H.M.O.P.No.249 of 2025, is ordered to be withdrawn from the file of the Subordinate Court, Uthamapalayam and transfer the same to the Family Court, Madurai. The learned Subordinate Judge, Uthamapalayam, is hereby directed to transmit the entire records in H.M.O.P.No.249 of 2025 to the file of the Family Court, Madurai, 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, Madurai, is directed to take up the petition on file and proceed in accordance with law.

9. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. The respondent is at liberty to move the Family Court, Madurai, for dispensation of personal appearance and upon such an application being filed, the learned trial Judge is directed to consider the same on its merits and in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

15.06.2026 NCC : Yes/No Index : Yes/No Internet :Yes/No das 4/6

To 1.The Subordinate Judge, Uthamapalayam.

2.The Judge, Family Court, Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J.

DAS Order made in Tr.C.M.P (MD).No.689 of 2025 and C.M.P(MD)No.19690 of 2025 15.06.2026 6/6