C.B.Sivakumari @ Pavithra Vs M.K.karthick Chidambaram — Madras HC (2025) — LawSathi Research

C.B.Sivakumari @ Pavithra Vs M.K.karthick Chidambaram — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of H.M.O.P.No.33 of 2025 from the Family Court, Tirunelveli to the Family Court, Nagercoil, with directions to the Tirunelveli court to transmit records within two weeks and to the Nagercoil court to try both H.M.O.P.s together and dispose of them expeditiously; no costs; connected C.M.P.(MD)No.2986 of 2025 closed.

Issue for consideration

Whether the divorce proceeding H.M.O.P.No.33 of 2025 pending before the Family Court, Tirunelveli should be transferred to the Family Court, Nagercoil, having regard to the petitioner-wife's residence at Kanyakumari District (around 170 km travel to and fro) and the pendency of her own proceeding (H.M.O.P.No.48 of 2025) at Nagercoil.

Ratio / Principle

In transfer petitions arising out of matrimonial disputes, the convenience of the wife is the predominant consideration and shall be given preference.

Key takeaways

Taking into account the overall facts and circumstances, the convenience of the wife, and the fact that a proceeding initiated by the petitioner/wife (H.M.O.P.No.48 of 2025) is already pending before the Family Court at Nagercoil, the Court allowed the transfer petition.ratio¶30
The Family Court, Tirunelveli is directed to transmit the entire records in H.M.O.P.No.33 of 2025 to the Family Court, Nagercoil within two weeks of receipt of a copy of the order.ratio¶31

Detailed headnote1 paragraphs

Transfer of matrimonial proceeding — Section 24, Code of Civil Procedure — Wife-petitioner residing at Kanyakumari District sought transfer of husband's divorce proceeding H.M.O.P.No.33 of 2025 from Family Court, Tirunelveli to Family Court, Nagercoil, citing around 170 km to-and-fro travel for every hearing; her own restitution of conjugal rights proceeding (H.M.O.P.No.48 of 2025) was already pending at Nagercoil. Held: in matrimonial transfer petitions the wife's convenience is predominantly looked into and given preference; transfer allowed; Family Court, Tirunelveli to transmit records within two weeks; Family Court, Nagercoil to take the case on file, try it along with H.M.O.P.No.48 of 2025 and dispose of both expeditiously. No costs; connected petition closed. (P. VADAMALAI, J., 04.04.2025)

Tr.CMP.(MD)No.127 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 04.04.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI

Tr.CMP.(MD)No.127 of 2025 and C.M.P.(MD)No.2986 of 2025

C.B.Sivakumari @ Pavithra

.. Petitioner

Vs.

M.K.Karthick Chidambaram .. Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P. No.33 of 2025 on the file of the Family Court, Tirunelveli and transfer the same to the file of the Family Court, Nagercoil.

For Petitioner : Mr.K.Prabhakar

For Respondent : Mr.S.Kumar

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.33 of 2025 on the file of the Family Court, Tirunelveli and transfer the same to the file of the Family Court, Nagercoil.

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Tr.CMP.(MD)No.127 of 2025

The petitioner is the wife and the respondent is the husband. The

marriage between the petitioner and the respondent was solemnized on 05.12.2022 at Nagercoil as per the Hindu Rites and Customs. Out of wedlock, no child was born.

Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.33 of 2025 on the file of the Family Court, Tirunelveli seeking divorce. The petitioner/wife has initiated a proceeding in H.M.O.P.No.48 of 2025 on the file of the Family Court, Nagercoil seeking restitution of conjugal rights.

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

The learned counsel for the petitioner submits that the petitioner/wife is now residing at Kanyakumari District. The distance between Kanyakumari and Tirunelveli is around 170 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of

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Tr.CMP.(MD)No.127 of 2025

proceeding in H.M.O.P.No.33 of 2025 from the file of the Family Court, Tirunelveli to the file of the Family Court, Nagercoil.

The learned counsel for the respondent has filed a counter affidavit by raising strong objection to allow this petition.

It is well settled proposition of law 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.

Considering the overall facts and circumstances of the case, and considering the convenience of the wife, and also taking into account of the fact that already a proceeding, which was initiated by the petitioner/wife, is pending before the Family Court at Nagercoil, this Court is inclined to allow this petition.

The learned Judge, Family Court, Tirunelveli is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.33 of 2025, to the file of the Family Court, Nagercoil within a period of two

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Tr.CMP.(MD)No.127 of 2025

weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Nagercoil is directed to take the case on file and try the case along with H.M.O.P.No.48 of 2025 and dispose of both the cases as expeditiously as possible in accordance with law.

Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

04.04.2025

Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No mkn

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Tr.CMP.(MD)No.127 of 2025

P. VADAMALAI, J.

mkn

To

1.The Family Court, Tirunelveli.

2.The Family Court, Nagercoil.

Tr.CMP.(MD)No.127 of 2025 and C.M.P.(MD)No.2986 of 2025

04.04.2025

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