Aishwarya v. Kathirvel

ORDER The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.521 of 2026 from the file of the Family Court, Coimbatore, and transfer the same to the file of the Subordinate Court, Uthamapalayam.

¶2Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

¶3It is seen from the records that the marriage between the petitioner and the respondent was solemnized on 01.02.2023 as per the Hindu rites and customs and due to their wedlock, they were blessed with one male child now aged 2 years and that subsequently there arose some misunderstanding and they are living separately.

¶4It is evident from the records that the respondent filed a petition in H.M.O.P.No.521 of 2026 seeking divorce and the same is pending on the file of the Family Court, Coimbatore.

¶5The learned counsel appearing for the petitioner would submit that the petitioner is residing at Uthamapalayam Taluk, Theni District along with her minor son and finds it difficult to travel to Coimbatore to attend the hearings.

¶6The learned counsel appearing for the respondent would submit that if the case is transferred to Uthamapalayam, the respondent would find it difficult to travel to attend the hearings and that the petitioner has not assigned any valid reason or ground seeking transfer.

¶7In 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."

¶8At this juncture, the learned counsel appearing for the respondent would submit that in the event of transfer, the trial Court may be directed to dispense with the personal appearance of the respondent.

¶9Considering the facts and circumstances of the case and also taking note of the fact that the petitioner is residing at Uthamapalayam Taluk, Theni District along with her minor son, this Court is of the view that the case in H.M.O.P.No.521 of 2026 is ordered to be withdrawn from the file of the Family Court, Coimbatore, and transfer the same to the file of the Subordinate Court, Uthamapalayam. Accordingly, the learned Judge, Family Court, Coimbatore, is hereby directed to transmit the entire records in H.M.O.P.No.521 of 2026 to the file of the Subordinate Court, Uthamapalayam, 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 Subordinate Judge, Uthamapalayam, is directed to take up the petition on file and proceed in accordance with law.

¶10With the above direction, the Transfer Civil Miscellaneous Petition is allowed. The respondent is at liberty to approach the Subordinate Court, Uthamapalayam, for dispense with his personal appearance and on such application being filed, the learned Subordinate Judge, Uthamapalayam, is directed to consider the same and pass orders in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

07.08.2026 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The Judge, Family Court, Coimbatore.

¶2The Subordinate Judge, Uthamapalayam. K.MURALI SHANKAR

,J.

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3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. and C.M.P.(MD)No.5822 of 2026 Dated : 07.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2026 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.5822 of 2026 Aishwarya ... Petitioner/ Respondent Vs. Kathirvel ... Respondent/ Petitioner Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the petition in H.M.O.P.No.521 of 2026 from the file of the Family Court, Coimbatore to transfer the same to the learned Subordinate Court, Uthamapalayam. For Petitioner : Mr.S.Vigneswaran For Respondent : Mr.B.Sargunam