TR CMP(MD)/451/2026 of Yuvarani Vs Sathish Kumar on 3 November 2026

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw the H.M.O.P.No.186 of 2026 on the file of Sub Court, Alandur, Chengalpattu and to transfer the same to the file of the Sub Court, Kovilpatti to try along with HMOP.No.162 of 2026.

2. The petitioner is the wife of the respondent. Their marriage was solemnized on 16.09.2024 as per the 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.186 of 2026 on the file of the Sub Court, Alandur of Chengalpattu District against the petitioner for divorce. The petitioner has also filed H.M.O.P.No.162 of 2026 before the Sub Court, Kovilpatti, against the respondent for restitution of conjugal rights. Now the petitioner has filed this present petition for transfer of divorce case from Alandur to Kovilpatti Court.

3. The learned counsel for the petitioner has submitted that because of the unacceptable conduct and behaviour of the respondent, the petitioner has been constrained to leave the matrimonial home. Now, she is residing with her parents at Kovilpatti. The petitioner has filed HMOP.No.162 of 2026 on the file of the Sub Court, Kovilpatti, for restitution of conjugal rights. The respondent has also filed HMOP.No.265 of 2025 before the Sub Court, Alandur, against the petitioner seeking for divorce without any prior notice, later, he withdrew that petition and filed the present divorce petition before the Alandur Sub Court with mala fide intention. The petitioner finds it very difficult to attend the divorce case at Alandur as she has no means and she is depending on her parents. Hence, the petitioner filed the present petition for transfer of the divorce petition and the same may be allowed.

4. The learned counsel for the respondent filed a counter and objected that the petitioner left the matrimonial home as per her wish without any reason. The petitioner is working as an Accountant Executive in a private concern in Adampakkam, Chennai and she is residing in a hostel in Mylapore. She has falsely filed this petition for dragging the proceedings. To harass the respondent, the petitioner has filed the maintenance case and DV case against the respondent and his parents. Therefore, the petition may be dismissed.

5. The learned counsel for the petitioner has replied that the petitioner left the job and she is now jobless and is residing at Vilathikulam. The petitioner has filed the maintenance case and DV Case before the Judicial Magistrate Court, Vilathikulam.

6. The submissions of both sides were considered. The petitioner and the respondent are spouses. There is no dispute that due to a misunderstanding, they are living separately. In such circumstances, the respondent filed the petition in HMOP.No.186 of 2026 before the Sub Court, Alandur. The petitioner has filed the petition for restitution of conjugal rights in HMOP.No.162 of 2026 before the Sub Court, Kovilpatti. The petitioner has also filed the maintenance case in M.C.No.5 of 2025 and D.V.O.P.No.6 of 2025 and they are pending before the Judicial Magistrate Court, Vilathikulam. This fact is not denied by the respondent. Moreover, the respondent has not denied the averment made by the petitioner that the respondent filed HMOP.No.265 of 2025 before the Sub Court, Kovilpatti and later, he withdrew the same.

7. The respondent has to appear before the Judicial Magistrate Court, Vilathikulam for attending the maintenance case and DV Case. The petitioner’s submission that she left the job and now she is jobless is not specifically denied by the respondent. The respondent has also mentioned the Vilathikulam address of the petitioner in his divorce petition. So, the petitioner is now residing in Vilathikulam Taluk. 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.

8. 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 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.186 of 2026 on the file of the Sub Court, Alandur to the Sub Court, Kovilpatti to try along with HMOP No.162 of 2026.

9. In the result, this Transfer Civil Miscellaneous Petition is allowed. The petition in H.M.O.P.No.186 of 2026 on the file of the Sub Court, Alandur, Chengalpattu District, is hereby withdrawn and transferred to the file of the Sub Court, Kovilpatti, for disposal along with HMOP.No.162 of 2026 in accordance with law. The learned Subordinate

Judge, Alandur, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.186 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. 03.11.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSD To

1. The Sub Court, Alandur, Chengalpattu District.

2. The Sub Court, Kovilpatti.

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

P.VADAMALAI, J. VSD Pre - Delivery Order made in TR CMP(MD) No. 451 of 2026 AND CMP(MD) No. 12154 of 2026 03.11.2026