TR CMP(MD)/385/2026 of B. Kavya Vs M.Sakthi Ramaraj on 11 November 2026

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw H.M.O.P.No.1683 of 2025 from the file of the Family Court, Madurai and to transfer the same to the file of the Family Court, Theni.

2. The petitioner and the respondent are spouses. Their marriage was solemnized on 11.03.2016 at Veerapandi of Theni District according to the Hindu rites and customs. Out of wedlock, they have been blessed with a male child. Upon a misunderstanding arose between them they are living separately. The petitioner is now residing along with her parents at Theni. Thereafter, the respondent filed a petition in H.M.O.P. No.1683 of 2025 before the Family Court, Madurai, against the petitioner for restitution of conjugal rights and the same is pending. At this stage, the petitioner has moved this transfer petition before this Court.

3. The learned counsel for the petitioner has submitted that the marriage between the petitioner and the respondent was solemnized on 11.03.2016 and out of wedlock, she gave birth to a male child on 12.04.2017, named Rakshan. Due to a misunderstanding, the petitioner, __________

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TR CMP(MD) No. 385 of 2026 along with her minor son, is now residing with her parents at Theni. Her son is aged 9 years and is studying in 4th Standard in Velammal Vidyalaya, Theni. The petitioner has produced a copy of the aadhaar card and school Identity Card of her son to prove her residence and her son’s schooling at Theni. The petitioner has no independent source of income, and she is solely depending on her parents. The respondent filed the petition for restitution of conjugal rights in H.M.O.P.No.1683 of 2025 before the Family Court, Madurai. The petitioner finds it difficult to travel from Theni to Madurai for attending the case. In the above circumstances, the petitioner has filed this present Transfer Civil Miscellaneous Petition. Hence, the petition may be allowed. In support of his submissions, the learned counsel has relied on the ruling of the Hon’ble Supreme Court reported in 2022 Live Law (SC) 627 in the case of N.C.V.Aishwarya /v/ A.S.Saravana Karthik Sha.

4. The learned counsel for the respondent has filed a counter and strongly objected to the petition. The learned counsel further submitted that the respondent is working in Chennai and has arranged a rental house in Madipakkam. The petitioner is none other than the respondent's maternal uncle’s daughter. After marriage, they have been living in Chennai and their son is studying at Velammal School, Madipakkam, and __________

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TR CMP(MD) No. 385 of 2026 the respondent has paid the entire school fee. The petitioner voluntarily left the matrimonial home without any intimation, and the petitioner’s father used to threaten the respondent and his parents. So, the respondent has filed the petition for restitution of conjugal rights before the Family Court, Madurai. The Family Court, Madurai has permitted for appearance through Video Conferencing, so the petitioner need not personally attend the Court for each and every hearing. The petitioner is having sufficient means. The respondent is working in Chennai at an IT company; therefore the respondent has submitted that the main case may be transferred to the Sub Court, Usilampatti.

5. In reply, the learned counsel for the petitioner has submitted that there is no threat from the petitioner's side, as alleged by the respondent. The respondent has not lodged any police complaint regarding the said alleged threat.

6. The submissions of both sides were considered. There is no dispute that the marriage between the petitioner and the respondent has been solemnized as per Hindu religious rites and customs and out of wedlock they have been blessed with a male child, Rakshan, who is now studying in Velammal Vidyalaya, Theni, as seen from the photocopy of __________

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TR CMP(MD) No. 385 of 2026 his school ID. The respondent has not produced any material to show that their son is studying in Chennai.

7. It is clear that, due to a misunderstanding arose between the parties, they are living separately, and the petitioner is now residing at Theni along with her parents. Her son is also staying with them. This was not specifically denied by the respondent. It is a well settled proposition of law by a number of decisions of the Hon’ble Supreme Court, that whenever a transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and the wife’s convenience shall be given preference. The respondent submits that since he is working in an IT company, the case may be transferred to the Sub Court, Usilampatti. By transferring, the matter to a middle place will not serve any purpose to both parties.

8. Therefore, taking note of the settled position of the convenience of the wife in matrimonial cases and submissions of both sides and also considering the fact that the respondent is working in an IT company, Chennai, this Court is of the view that the present petition filed by the wife is to be partly allowed and this Court is inclined to transfer the H.M.O.P.No.1683 of 2025 on the file of the Family Court, Madurai to the __________

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TR CMP(MD) No. 385 of 2026 Sub Court, Theni instead of Family Court, Theni since the personal appearance of parties before the Sub Court will not be insisted as required in Family Court and by such transfer both parties will not be prejudiced.

9. In the result, this Transfer Civil Miscellaneous Petition is partly allowed. The petition in H.M.O.P.No.1683 of 2025 on the file of the Family Court, Madurai, is hereby withdrawn and transferred to the file of the Sub Court, Theni, for disposal in accordance with law. The learned Judge of the Family Court, Madurai is directed to transmit the entire records pertaining to the case in H.M.O.P.No.1683 of 2025 to the transferee Court, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 11.11.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSD __________

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TR CMP(MD) No. 385 of 2026 To

1. The Family Court, Madurai.

2. The Principal Sub Court, Theni.

3. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai. __________

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TR CMP(MD) No. 385 of 2026 P.VADAMALAI, J. VSD Pre - Delivery Order made in TR CMP(MD) No. 385 of 2026 AND CMP(MD) No. 10004 of 2026 11.11.2026 __________

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