TR CMP(MD)/387/2026 of V.Deekshitha Vs R.Aravinth on 12 November 2026

COMMON ORDER

The Transfer Civil Miscellaneous Petition in Tr.CMP(MD)No.387 of 2026 is filed seeking for an order to withdraw the HMOP.No.1352 of 2024 on the file of the Family Court, Coimbatore to the file of the Family Court, Madurai. 1.1 The Transfer Civil Miscellaneous Petition in Tr.CMP(MD)No.390 of 2026 is filed seeking for an order to withdraw the HMOP.No.330 of 2025 on the file of the Family Court, Coimbatore to the file of the Family Court, Madurai.

2. Both petitions have been taken up for hearing since the parties are one and the same.

3. The petitioner is the wife of the respondent in both petitions. Their marriage was solemnized on 09.07.2023 at Salem as per Hindu rites and customs. Out of wedlock, they have no child. Due to a misunderstanding that arose between them, they are now living separately. The petitioner has filed HMOP.No.1352 of 2024 on the file of the Additional Principal Family Court, Coimbatore against the respondent for divorce. In turn, the respondent has also filed the petition in HMOP.No.330 of 2025 on the file of the Additional Principal Family Court, Coimbatore, against the petitioner for divorce. Now, the petitioner/wife has filed these petitions seeking transfer.

4. The learned counsel for the petitioner has submitted that after marriage, the respondent and his family members have been continuously ill-treating, harassing and ignoring the petitioner while living in the matrimonial home, and finally the respondent deserted the petitioner. So, the petitioner was forced to leave the matrimonial home and was residing along with her parents at Coimbatore, where her father was working. The petitioner has filed DVC.No.98 of 2024 on the file of the Special Court, Coimbatore against the respondent. She has also filed HMOP.No.1352 of 2024 on the file of the Additional Principal Family Court, Coimbatore against the respondent for divorce. As a counterblast, the respondent has filed HMOP.No.484 of 2024 before the Family Court, Salem against the petitioner seeking for divorce. Since the petitioner was residing in Coimbatore, she filed Tr.C.M.P.No.1367 of 2024 before the Principal Seat of Madras High Court to transfer the HMOP.No.484 of 2024 from the Family Court, Salem to the Family Court, Coimbatore. The said Tr.CMP.No.1367 of 2024 was allowed, and HMOP.No.484 of 2024 on the file of the Family Court, Salem was transferred to the Additional Principal Family Court, Coimbatore and the same was renumbered as HMOP.No.330 of 2025. The petitioner’s father retired from service, and due to financial constraints, they have shifted their family to their own residential house situated in their native place, Madurai. Now, the petitioner is living in Madurai. Her father is not well due to his old age. The petitioner finds it very difficult to travel to Coimbatore along with her aged father for attending the cases. The Hon’ble Apex Court has well settled the position that whenever transfer applications are filed relating to matrimonial cases, the convenience of the wife has to be given much importance. There is also no bar in filing a second application seeking for transfer. Hence, the petitions may be allowed.

5. In support of his submissions, the learned counsel for the petitioner has relied on the following orders of the Hon’ble Supreme Court and of this Court.

(i) 2022 SCC Online SC 1199 in the case of N.C.V.Aishwarya /v/ A.S.Saravana Karthik Sha.

(ii) Order of this Court passed in Tr.C.M.P(MD)No.625 of 2024 in the case of N.V.Sabitha /v/ T.P.Vigneshwaran dated 12.03.2025

(iii) Order of the High Court, Madras passed in Tr.C.M.P.Nos.119, 123 and 378 of 2025 in the case of D.Preethi /v/ S.Deenadayalan dated 25.06.2025.

6. Per contra, the learned counsel for the respondent has submitted that both parties have filed the petitions for divorce. Already at the instance of the petitioner, the HMOP.No.484 of 2024 on the file of the Family Court, Salem, filed by the respondent was transferred to the Additional Principal Family Court, Coimbatore, by the Principal Seat of this Court in its order dated 21.12.2024 passed in Tr.CMP.No.1367 of 2024. Again, the petitioner has filed these petitions to transfer the cases to Madurai Family Court only in order to harass the respondent. Both petitions are filed for divorce on the ground of cruelty. Out of wedlock, they have no children. The petitioner also having sufficient means. So, the cases may be transferred to the middle place.

7. The submissions of both sides and citations were considered. The petitioner and the respondent are husband and wife and out of wedlock, they have no child. Upon misunderstanding, they are living separately. Of course, both petitions have been filed for seeking divorce on the ground of cruelty by alleging rival contentions, but the said contentions cannot be discussed in these transfer petitions. There is no dispute that the petitioner has already approached the Principal Seat of this Court by way of filing Tr.C.M.P.No.1367 of 2024 for transfer of H.M.O.P.No.484 of 2024 on the file of the Family Court, Salem to the Family Court, Coimbatore while she was residing in Coimbatore along with her parents. Now, the petitioner states that her father retired from service and settled in Madurai, which is their native place and the petitioner is residing at present in Madurai. As rightly submitted by the learned counsel for the petitioner, there is no bar for filing transfer applications with a prayer for transfer of matrimonial cases in view of the order passed by the Principal Seat of this Court in Tr.CMP.No.1367 of 2024 dated 21.12.2024.

8. It is well settled proposition of the Hon’ble Apex Court that whenever the 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 has not denied the present residence of the petitioner at Madurai along with her parents. The petitioner has also stated that her father is not well and she finds it very difficult to travel from Madurai to Coimbatore. The submission of the respondent’s counsel for transferring the main cases to the middle place will not serve any purpose, but it will lead hardship to both parties. Therefore, 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 petitions filed by the wife are to be allowed and this Court is inclined to transfer the H.M.O.P.Nos.1352 of 2024 and 330 of 2025 on the file of the Family Court, Coimbatore to the Family Court, Madurai.

9. In the result, the Transfer Civil Miscellaneous Petitions in Tr.CMP(MD)Nos.387 and 390 of 2026 are allowed. The petitions in H.M.O.P.Nos.1352 of 2024 and 330 of 2025 on the file of the Family Court, Coimbatore are hereby withdrawn and transferred to the Family Court, Madurai for disposal in accordance with law. The learned Judge, Family Court, Coimbatore is directed to transmit the entire records pertaining to the cases in H.M.O.P.Nos.1352 of 2024 and 330 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 Petitions are closed. 12.11.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSD To

1. The Family Court, Coimbatore.

2. The Family Court, Madurai.

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

P.VADAMALAI, J. VSD Order made in TR CMP(MD) Nos. 387 and 390 of 2026 12.11.2026