(Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.165 of 2025 from the file of the Family Court, Madurai to the file of the Family Court, Theni.)

1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.165 of 2025 on the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Theni.

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 04.06.2015 as per the Hindu Rites and Customs and due to their wedlock, they were blessed with two children and that subsequently there arose some misunderstanding between them and they are living separately.

4. It is not in dispute that the respondent filed a petition in H.M.O.P.No.165 of 2025 seeking divorce and the same is pending on the file of the Family Court, Madurai.

5. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Uthamapuram, Cumbum, Theni District and finds it difficult to travel to Madurai to attend the hearings.

6. The respondent filed a counter affidavit raising serious objections.

7. The learned counsel appearing for the respondent would submit that the petitioner went to her parent's house at Cumbum along with their two children on 20.09.2019 and thereafter, left the children there and eloped with another person with whom she had been in relation for many years, that the petitioner had illegally married the said person at Chennai and refused to come back and live with the respondent and children and hence, the respondent was constrained to file the divorce petition, that though the petitioner appeared for counseling on 11.03.2025 and 27.03.2025, she failed to appear for the subsequent hearings, that the petitioner had been taking adjournments for filing counter statement to the divorce petition for more than one year and in order to drag on the proceedings, she has filed the present transfer petition and that since the petition is vexatious, the same is liable to be dismissed.

8. The learned counsel appearing for the respondent would further contend that since the petitioner had abandoned their children, the respondent alone is taking care of both the children, who are now aged 10 and 8 years respectively, that the respondent has to take them to the school and bring them back home and hence, he is working only as a daily acting driver in Madurai locality in order to adjust his schedule for taking care of the children and that the respondent and his children will be put to great hardship and suffering, if the case is transferred to Chennai.

9. The petitioner has not specifically disputed the factum that their two children are now under the care and custody of the respondent. It is also not disputed by the petitioner that their children L.Jeevithan and L.Ajaykumar are studying 5th and 3rd standard respectively at Thiruparankundram Panchayat Union Primary School, Veeraganur.

10. According to the learned counsel appearing for the respondent, the respondent filed the divorce petition on the ground of adultery.

11. No doubt, as per the decision of the Hon'ble Supreme Court in N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha reported in 2022 Live Law (SC) 627, 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. But in the case on hand, as already pointed out, their children are now studying at Madurai and they are under the care and custody of the respondent. As already pointed out, according to the respondent, he has been working as a daily acting driver at Madurai locality so as to adjust his schedule for taking the children to school and bring them back home.

12. The petitioner has not raised any other valid reason or ground for transferring the case.

13. Considering the above facts and circumstances of the case and taking note of the interest and welfare of the children, this Court is not inclined to order transfer of the case. Consequently, this Court concludes that the above petition is devoid of merits and the same is liable to be dismissed.

14. In the result, the Transfer Civil Miscellaneous Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.