(Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the H.M.O.P.No.1309 of 2024 on the file of learned Family Court, Madurai and transfer the same to learned Sub Court, Thirumangalam at Madurai District.)

1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.1309 of 2024 on the file of the Family Court, Madurai, and transfer the same to the file of the Subordinate Court, Thirumangalam, Madurai District.

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 03.02.2023 as per the Hindu Rites and Customs and due to their wedlock, they were blessed with female child now aged about 2 years and that subsequently there arose some misunderstanding and they are living separately. It is also not in dispute that the respondent filed a petition in H.M.O.P.No.1309 of 2024 seeking divorce and the same is pending on the file of the Family Court, Madurai and that the petitioner filed a petition in H.M.O.P.No.188 of 2025 seeking restitution of conjugal rights and the same is pending on the file of the Subordinate Court, Thirumangalam.

4. The learned counsel appearing for the respondent would submit that the matter was sent to mediation but the same ended in failure.

5. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Thirumangalam, and finds it difficult to travel to Madurai to attend the hearings along with her two years old child.

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 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 Thirumangalam, this Court is of the view that the case in H.M.O.P.No.1309 of 2024 is ordered to be withdrawn from the file of the Family Court, Madurai, and transfer the same to the file of the Subordinate Court, Thirumangalam, Madurai District. Accordingly, the learned Judge, Family Court, Madurai, is hereby directed to transmit the entire records in H.M.O.P.No.1309 of 2024 to the file of the Subordinate Court, Thirumangalam, Madurai District, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case records, the learned Subordinate Judge, Thirumangalam, Madurai District, 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. Consequently, connected Miscellaneous Petition is closed. No costs.