Ajitha Rani Vs Balasankar alias Shyam

Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the I.D.O.P.No.481 of 2025 from the file of the Family Court, Theni and transfer the same to the Subordinate Court, Kovilpatti, Thoothukudi District.

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For Petitioner : Mr.KA.Raamakrishnan

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For Respondent : Mr.M.Kannan

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O R D E R

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The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the I.D.O.P.No.481 of 2025 from the file of the Family Court, Theni and transfer the same to the Subordinate Court, Kovilpatti, Thoothukudi District.

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P(MD).No.110 of 2026

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It is not in dispute that the marriage between the parties was solemnized on 28.06.2023 as per Christian rites and customs and that subsequently, there arose some misunderstanding between them and they are living separately.

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It is also not in dispute that the respondent has filed a petition in I.D.O.P.No.481 of 2025, seeking divorce and the same is pending on the file of the Family Court, Theni. According to the learned counsel appearing for both parties, except for the present divorce petition, no other proceedings are pending between the parties.

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The learned counsel appearing for the petitioner would submit that the petitioner is working as Teacher in a private school at Thoothukudi District and finds it very difficult to travel to Theni to attend all the hearings.

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The learned counsel appearing for the respondent would submit that the respondent is having objections to transfer the case, that the petitioner has not assigned any valid reason or ground to transfer the case. He would further submit that his personal appearance may be dispensed with.

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P(MD).No.110 of 2026

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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 :

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“ 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. ”

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Considering the facts and circumstances of the case and taking note of the fact that the petitioner is residing at Thoothukudi District, this Court is inclined to allow this petition. Accordingly, the petition in I.D.O.P.No.481 of 2025, is ordered to be withdrawn from the file of the Family Court, Theni

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P(MD).No.110 of 2026

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District and transfer the same to the Subordinate Court, Kovilpatti, Thoothukudi District. The learned Judge, Family Court, Theni, is hereby directed to transmit the entire records in I.D.O.P.No.481 of 2025 to the file of the Subordinate Court, Kovilpatti, Thoothukudi District, 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, Kovilpatti, Thoothukudi District, is directed to take up the petition on file and proceed in accordance with law.

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With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. The respondent is at liberty to move the Subordinate Court, Kovilpatti, Thoothukudi District, 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.

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04.06.2026

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NCC : Yes/No Index : Yes/No Internet :Yes/No das

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P(MD).No.110 of 2026

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To