TR CMP(MD)/421/2026 of Suriya Praba Vs Deepan Chakravarthi on 2 November 2026

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw the H.M.O.P.No.105 of 2026 on the file of the Sub Court, Thiruvarur and transfer the same to the file of the Family Court, Thanjavur.

2. The petitioner is the wife of the respondent. Their marriage was solemnized on 12.03.2020 as per the Hindu rites and customs. Out of wedlock, they have been blessed with a female child. Due to a misunderstanding, they are living separately. Thereafter, the respondent has filed a petition in H.M.O.P.No.105 of 2026 before the Sub Court, Thiruvarur, against the petitioner for divorce. The petitioner has also filed the maintenance case in M.C.No.17 of 2026 before the Family Court, Thanjavur. Now, the petitioner has filed the present petition seeking to transfer the divorce case from Thiruvarur to Thanjavur.

3. The learned counsel for the petitioner has submitted that the petitioner has been forced to leave the matrimonial home due to physical and mental torture by the respondent and his family members. The petitioner, along with her daughter is residing in her parental home at __________

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TR CMP(MD) No. 421 of 2026 Thanjavur. Her daughter is now aged 6 years and is studying in 1st standard in Thanjavur school. The petitioner has filed a maintenance case against the respondent and the same is pending before the Family Court, Thanjavur. The petitioner finds it very difficult to attend the divorce case at Thiruvarur. Hence, she filed the petition for transfer of the divorce petition to Thanjavur.

4. The learned counsel for the respondent filed a counter and objected that the petitioner left the matrimonial home without any reason. So the respondent filed HMOP.No.36 of 2024 before the Sub Court, Thiruvarur, for restitution of conjugal rights. The said petition was withdrawn by the respondent upon a threat from the petitioner’s parents, as the petitioner’s father is a retired Inspector of Police and the mother is working in the office of the Superintendent of Police, Thanjavur. Thereafter, the respondent filed the present divorce petition. The respondent sent a complaint to the Superintendent of Police, Thanjavur regarding the criminal intimidation made by the petitioner’s parents. The respondent apprehends a life threat at Thanjavur. So, he is ready to pay the travel expenses to the petitioner for attending the case in Thiruvarur. Therefore, the petition may be dismissed. __________

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TR CMP(MD) No. 421 of 2026

5. The submissions of both sides were considered. The petitioner and the respondent are spouses and they were blessed with a female child out of wedlock. There is no dispute that, due to a misunderstanding, they are living separately. In such circumstances, the respondent filed the petition in HMOP.No.105 of 2026 before the Sub Court, Thiruvarur, for divorce, and the petitioner has filed the maintenance case in M.C.No.17 of 2026 before the Family Court, Thanjavur. Now, the petitioner states that she is residing in Thanjavur along with her parents and her daughter is studying in 1st standard in Thanjavur. This fact was not specifically denied by the respondent. Though the respondent apprehends a threat made by the petitioner’s parents by sending a police complaint, there is no material placed to show that any case was registered upon any untoward incident committed against the respondent. The petitioner is conducting a maintenance case in the Thanjavur Court.

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. 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 __________

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TR CMP(MD) No. 421 of 2026 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.105 of 2026 on the file of the Sub Court, Thiruvarur to the Family Court, Thanjavur.

7. In the result, this Transfer Civil Miscellaneous Petition is allowed. The petition in H.M.O.P No.105 of 2026 on the file of the Sub Court, Thiruvarur, is hereby withdrawn and transferred to the file of the Family Court, Thanjavur for disposal in accordance with law. The learned Subordinate Judge, Thiruvarur is directed to transmit the entire records pertaining to the case in H.M.O.P.No.105 of 2026 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. 421 of 2026 To

1. The Sub Court, Thiruvarur.

2. The Family Court, Thanjavur.

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

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TR CMP(MD) No. 421 of 2026 P.VADAMALAI, J. VSD Pre - Delivery Order made in TR CMP(MD) No. 421 of 2026 AND CMP(MD)No. 11192 of 2026 02.11.2026 __________

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