TR CMP(MD)/344/2026 of Amuthapriya Vs Murugesan on 2 November 2026

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw the H.M.O.P.No.551 of 2023 on the file of the Family __________

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TR CMP(MD) No. 344 of 2026 Court, Madurai and to transfer the same to the file of the Sub Court, Sankarankovil.

2. The petitioner is the wife of the respondent. The marriage between the petitioner and the respondent took place on 13.11.2005 at Madurai as per the Hindu rites and customs. Out of wedlock, they have been blessed with two male children. Due to misunderstanding, they are living separately. Thereafter, the respondent has filed a petition in H.M.P.No.551 of 2023 on the file of the Family Court, Madurai, against the petitioner for divorce. Now, the petitioner has filed the present petition for transfer of the divorce case from Madurai to Sankarankovil.

3. The learned counsel for the petitioner has submitted that after having begotten two children, the respondent made a false accusation against the petitioner and also harassed the petitioner by demanding assets and dowry, which resulted in the petitioner being forced to leave the matrimonial home. The respondent has filed the divorce petition before the Family Court, Madurai, by stating false averments. As the petitioner apprehended a threat at the hands of the respondent, the petitioner has lodged a police complaint before the Karimedu Police Station and left Madurai to Sankarankovil. Now, the petitioner is residing __________

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TR CMP(MD) No. 344 of 2026 along with her children in her parental home situated in Sankarankovil. The petitioner is not fit to travel to Madurai for every hearing, and she finds it very difficult to attend the divorce case at Madurai. The Hon’ble Supreme Court has settled that the convenience of the women has to be given priority while dealing with transfer applications by relying on a ruling reported in 2008 (9) SCC 353, Arti Rani @ Pinki Devi & Anr vs. Dharmendra Kumar Gupta. Hence, the petitioner filed the present petition for transfer of the divorce petition to Sankarankovil.

4. The learned counsel for the respondent filed a counter and an additional counter objecting to the transfer of the petition. The learned counsel submitted that the petitioner has been attending the case at Madurai for more than 4 years and the divorce case is posted for respondent/wife side evidence. The petitioner was residing in Madurai as she lodged a police complaint stating that she is residing in her own house situated in Madurai. The respondent has filed the additional typed set of papers along with copies of complaints dated 16.06.2023 and 20.06.2023 lodged by the petitioner before the Inspector of Police, Karimedu police station. There is no life threat as stated by the petitioner. The petitioner has filed this petition only to drag the main case proceedings. Therefore, the petition may be dismissed. __________

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TR CMP(MD) No. 344 of 2026

5. The submissions of both sides were considered. The respondent and the petitioner are husband and wife. Their marriage took place on 13.11.2005. They were blessed with two male children out of wedlock. After joint living for more than 15 years, there arose a misunderstanding between them, now they are living separately. In such circumstances, the respondent filed the petition in HMOP.No.551 of 2023 on the file of the Family Court, Madurai. Though the respondent stated that the petitioner was conducting the case for 4 years, and as she has a house in Madurai, from a perusal of cause title of the divorce petition shows that the respondent mentioned only the Sankarankovil address of the petitioner. So, the petitioner is residing in Sankarankovil. Now, the petitioner states that she is unable to travel from Sankarankovil to Madurai as she is residing along with her two male children.

6. It is a well settled proposition of law by 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 petitioner sought transfer of case to the Sub Court, Sankarankovil. Hence, the physical appearance of the respondent is not necessary in all hearings unlike in Family Courts. The case is pending for adducing evidence only. __________

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TR CMP(MD) No. 344 of 2026 Therefore, considering the above facts and circumstances and taking note of the settled position of the convenience of the wife in matrimonial cases and also the submissions of both sides, this Court is of the view that the present petition filed by the wife is to be allowed and this Court is inclined to transfer the H.M.O.P.No.551 of 2023 on the file of the Family Court, Madurai to the Sub Court, Sankarankovil.

7. In the result, this Transfer Civil Miscellaneous Petition is allowed. The petition in H.M.O.P.No.551 of 2023 on the file of the Family Court, Madurai is hereby withdrawn and transferred to the file of the Sub Court, Sankarankovil for disposal in accordance with law. The learned Judge, Family Court, Madurai is directed to transmit the entire records pertaining to the case in H.M.O.P.No.551 of 2023 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. 02.11.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD __________

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TR CMP(MD) No. 344 of 2026 To

1. The Family Court, Madurai.

2. The Sub Court, Sankarankovil.

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

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TR CMP(MD) No. 344 of 2026 P.VADAMALAI, J. VSD Pre - Delivery Order made in TR CMP(MD) No. 344 of 2026 AND CMP(MD) No. 8837 of 2026 02.11.2026 __________

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