TR CMP(MD)/443/2026 of S.Nithah Vs A.Naveen Raja on 4 November 2026

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw the H.M.O.P.No.789 of 2026 on the file of the Family Court, Madurai and to transfer the same to the file of the Family Court, Thoothukudi.

2. The 1st petitioner and the respondent are spouses. The marriage between the 1st petitioner and the respondent was solemnized on 31.01.2025 at Madurai according to Hindu rites and customs. Due to a misunderstanding, they are living separately. Thereafter, the respondent has filed a petition in H.M.O.P.No.789 of 2026 before the Family Court, Madurai, against the petitioners for annulment of marriage and the same is pending. Now, the petitioners filed the present petition for transfer of the case from Madurai to Thoothukudi.

3. The learned counsel for the petitioners submitted that after marriage, the respondent and his parents have been ignoring the 1st petitioner and the respondent used to say that he was forced to marry her. The 1st petitioner was subjected to mental torture and harassment, she was forced to leave the matrimonial home on 07.04.2025. __________

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TR CMP(MD) No. 443 of 2026 The 1st petitioner is now residing along with her parents. Her father was also unnecessarily added by the respondent in his divorce petition. The 1st petitioner has also filed a DVC case against the respondent and the said case is pending in Thoothukudi Court. The petitioners find it very difficult to travel 300 kms to and fro to attend the divorce case. Hence, the petitioners filed the petition for transfer of the divorce petition to

4. The learned counsel for the respondent filed a counter and objected that the 1st petitioner suffers from mental illness and that she left the matrimonial home 50 days after the marriage date. Now, the respondent is working as an Assistant Engineer in Tamil Nadu PWD, Coimbatore. His native place and the place where the marriage was solemnized is Madurai. The respondent filed the petition for nullity and annulment of the marriage, since the 1st petitioner was married while suppressing her mental illness. The respondent is a physically challenged person, and he has to travel for two days if the case is transferred to Thoothukudi. Moreover, the proceedings in the DVC case filed by the 1st petitioner have been stayed by this Court. The respondent will face much hardship and difficulty in case of transfer of the divorce petition. Therefore, the petition has no merit and the same may be dismissed. __________

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TR CMP(MD) No. 443 of 2026

5. The submissions of both sides were considered. The 1st petitioner and the respondent are spouses. Due to a misunderstanding, they are living separately and in such circumstances, the respondent filed the petition in HMOP.No.789 of 2026 on the file of the Family Court, Madurai, for annulment of their marriage. The rival contentions raised by both parties have to be adjudicated in the main petition for nullity of marriage. Now, the 1st petitioner states that she is residing in Thoothukudi along with her parents. It is also an admitted fact that the 1st petitioner has filed a case in DVC.No.155 of 2026 before the Judicial Magistrate No.1, Thoothukudi, against the respondent, and the same is pending. Though the respondent claims that he is a physically challenged person, a perusal of his disability certificate shows that the respondent is suffering from hearing loss. The respondent has not denied the fact that the 1st petitioner is now residing along with her parents in Thoothukudi and also the pendency of the DVC case against him before the Judicial Magistrate Court No.1 at Thoothukudi. The respondent is bound to attend the DVC case, which is pending in Thoothukudi.

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 __________

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TR CMP(MD) No. 443 of 2026 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 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.789 of 2026 on the file of the Family Court, Madurai to the Family Court, Thoothukudi.

7. In the result, this Transfer Civil Miscellaneous Petition is allowed. The petition in H.M.O.P.No.789 of 2026 on the file of the Family Court, Madurai, is hereby withdrawn and transferred to the file of the Family Court, Thoothukudi 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.789 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. 04.11.2026 NCC : Yes / No Index : Yes / No

Internet : Yes / No VSD __________

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TR CMP(MD) No. 443 of 2026 To

1. The Family Court, Madurai.

2. The Family Court, Thoothukudi.

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

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TR CMP(MD) No. 443 of 2026 P.VADAMALAI, J. VSD Pre - Delivery Order made in TR CMP(MD) No. 443 of 2026 AND CMP(MD)No.11733 of 2026 04.11.2026 __________

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