Maheswari v. Sasikumar

ORDER The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.80 of 2025 from the file of the Subordinate Court, Sattur, and transfer the same to the file of the Subordinate Court, Rajapalayam.

¶2Despite the service of the notice on the respondent and on the counsel for the respondent before the trial Court, the respondent has not turned up.

¶3Heard the learned counsel appearing for the petitioner.

¶4It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 27.10.2023 as per the Hindu Rites and Customs 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.80 of 2025 seeking divorce and the same is pending on the file of the Subordinate Court, Sattur.

¶5The learned counsel appearing for the petitioner would submit that the petitioner is residing at Rajapalayam Taluk, Virudhunagar District and finds it difficult to travel to Sattur to attend the hearings.

¶6In 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."

¶7Considering the above facts and circumstances and also taking note of the fact that the petitioner is residing at Rajapalayam, this Court is of the view that the case in H.M.O.P.No.80 of 2025 is ordered to be withdrawn from the file of the Subordinate Court, Sattur, and transfer the same to the file of the Subordinate Court, Rajapalayam. Accordingly, the learned Subordinate Judge, Sattur, is hereby directed to transmit the entire records in H.M.O.P.No.80 of 2025 to the file of the Subordinate Court, Rajapalayam, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the Subordinate Judge, Rajapalayam, is directed to take up the petition on file and proceed in accordance with law.

¶8With the above direction, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

10.04.2026 NCC :yes/No Index :yes/No Internet:yes/No csm To

¶1The Subordinate Judge, Sattur.

¶2The Subordinate Judge, Rajapalayam, Virudhunagar District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P.(MD)No.505oofo2025 oK.MURALIoSHANKARoo,Jo. csm Orderomadeoin Tr.C.M.P.(MD)No.505oofo2025 and C.M.P.(MD)No.14051oofo2025 Datedo:o10.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2026 CORAM: THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.14051 of 2025 Maheswari ... Petitioner/ Respondent Vs. Sasikumar ... 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.80 of 2025 pending on the file of learned Sub Court, Sattur and transfer the same to the file of Sub Court, Rajapalayam. For Petitioner : Mr.S.Kadarkarai For Respondent : No appearance