Pavithra Vs Raja Durai — Matrimonial and Divorce | Madras HC (2025)

Pavithra Vs Raja Durai — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

Transfer Petition allowed: H.M.O.P.No.359 of 2023 withdrawn from the file of the Family Court, Dindigul and transferred to the Family Court, Trichy, with a direction to dispose of it expeditiously preferably within six months; husband exempted from appearance on all hearing dates except when specifically ordered or indispensable; no order as to costs; connected Miscellaneous Petition (C.M.P.(MD)No.2755 of 2024) closed.

Issue for consideration

Whether H.M.O.P.No.359 of 2023 pending before the Family Court, Dindigul should be withdrawn and transferred to the Family Court, Trichy on the ground of the wife's residence and inconvenience. +1 more

Court's answer

In matters of transfer of matrimonial proceedings, the convenience of the wife is to be given superior consideration over that of the husband, as indicated by the Parliamentary incorporation of Section 19(iii) of the Hindu Marriage Act permitting a wife to initiate proceedings where she resides.

Ratio / Principle

As the distance between Trichy and Dindigul is considerable, the Court accepted the wife's prayer for transfer of the divorce proceedings.

Key takeaways

HMOP No.359 of 2023 pending on the file of the Family Court, Dindigul District is withdrawn and transferred to the file of the Family Court, Trichy.ratio¶28
The transferee Family Court, Trichy is directed to dispose of the transferred case expeditiously, preferably within six months.ratio¶28
The Family Court need not insist on the husband's appearance on all hearing dates; he may be represented by counsel for non-essential and procedural hearings, and must appear personally only when the Trial Court specifically orders his appearance or when his presence is indispensable.

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings - Wife's convenience - H.M.O.P.No.359 of 2023 (divorce) pending before Family Court, Dindigul ordered to be withdrawn and transferred to Family Court, Trichy on the wife's plea that she resides at Trichy and cannot travel to Dindigul. Section 19(iii) of the Hindu Marriage Act, permitting a wife to initiate proceedings where she resides, indicates that the convenience of the wife must be given precedence over that of the husband in transfer matters; the considerable distance between Trichy and Dindigul weighed in favour of transfer. The respondent's objection of a life threat at Trichy was met by the petitioner's counsel's undertaking, with an endorsement to that effect recorded in the Court record. Transfer Petition allowed with no order as to costs; connected Miscellaneous Petition closed. Transferee Court directed to dispose of the matter preferably within six months; husband not required to appear on all hearing dates and may be represented by counsel for non-essential and procedural hearings, personal presence being required only when specifically ordered or indispensable.

TR.CMP(MD)No.134 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

TR.CMP(MD)No.134 of 2024 and C.M.P.(MD)No.2755 of 2024

Pavithra

...Petitioner

Vs

Raja Durai

...Respondent

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw and transfer the case in H.M.O.P. No. 359 of 2023 on the file of Family court, Dindigul, Dindigul District to Family Court Trichy, Trichy District.

For Petitioner : Mr.S.Balaji

For Respondent : Mr.A.Arul Jenifer

ORDER

This Transfer Petition is at the instance of wife. She seeks withdrawal of H.M.O.P.No.359 of 2023 from the file of Family Court, Dindigul and transfer the same to the file of Family Court, Trichy.

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2.Heard Mr.S.Balaji, learned counsel for petitioner and Mr.A.Arul Jenifer, learned counsel for respondent.

3.Petitioner married the respondent on 15.02.2018, according to Hindu rites and customs. Due to disputes and differences, parties have separated. Respondent/husband initiated proceedings in H.M.O.P.No.359 of 2023 for divorce before Family Court, Dindigul. Pleading that wife is residing in Trichy and unable to travel from Trichy to Dindigul, she has moved this transfer petition.

4.Mr.A.Arul Jenifer, learned counsel for respondent opposes the transfer contending that there is a life threat to him at Trichy, which is denied by learned counsel for petitioner, who undertakes that there would not be any form of threat to the respondent by petitioner or her family members and he has also made an endorsement to that effect in the Court record.

5.Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication that convenience of the wife has to be

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TR.CMP(MD)No.134 of 2024

given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, convenience of wife should be given a superior consideration than that of husband. As the distance between Trichy and Dindigul is considerable, I am inclined to accept the prayer for transfer.

6.In view thereof, HMOP No.359 of 2023 pending on the file of Family Court, Dindigul District, is hereby ordered to be withdrawn and transferred to the file of Family Court, Trichy. Learned Family Court, Trichy, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.

7.The Family Court need not insist upon the appearance of husband on all hearing dates. For non-essential and procedural hearings, husband will be represented by a counsel. He shall, however, present himself before the Court, when Trial Court passes a specific order for his appearance or when his presence is indispensable.

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TR.CMP(MD)No.134 of 2024

8.With the above observations, the Transfer Petition is allowed. There is

no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index :Yes/No Web :Yes/No Speaking/Non Speaking

04.12.2025

mm To

1.Judge, Family Court, Dindigul. 2.Judge, Family Court, Trichy.

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TR.CMP(MD)No.134 of 2024

MOHAMMED SHAFFIQ, J.

mm

TR.CMP(MD)No.134 of 2024

04.12.2025

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