Kavitha Vs Saravanan — Madras HC (2025) — LawSathi Research

Kavitha Vs Saravanan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Tr.C.M.P.(MD)No.30 of 2025 (wife's petition) allowed: H.M.O.P.No.711 of 2024 to be transferred from the Family Court, Karur to the Principal Sub Court, Trichy, records to be transmitted within three weeks, and the case to be tried jointly with H.M.O.P.No.162 of 2024 with expeditious disposal. Tr.C.M.P.(MD)No.83 of 2025 (husband's petition) dismissed. No costs. Connected C.M.P.(MD)Nos.753 & 2022 of 2025 closed.

Issue for consideration

Whether the proceeding in H.M.O.P.No.711 of 2024 (husband's restitution of conjugal rights petition) on the file of the Family Court, Karur should be withdrawn therefrom and transferred to the file of the Principal Sub Court, Trichy (Tr.C.M.P.(MD)No.30 of 2025, wife's petition). +1 more

Court's answer

Considering the overall facts and circumstances of the case and the convenience of the wife, the Court allowed the wife's petition Tr.C.M.P.(MD)No.30 of 2025 seeking transfer of H.M.O.P.No.711 of 2024 from the Family Court, Karur to the Principal Sub Court, Trichy.

Ratio / Principle

In transfer petitions filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and the wife's convenience given preference.

Key takeaways

The Court dismissed the husband's counter-petition Tr.C.M.P.(MD)No.83 of 2025 seeking transfer of H.M.O.P.No.162 of 2024 from the Principal Sub Court, Trichy to the Family Court, Karur.ratio¶49
Operative directions: the Family Court, Karur shall transmit the entire records of H.M.O.P.No.711 of 2024 to the Principal Sub Court, Trichy within three weeks of receipt of the order; on receipt, the Principal Sub Court, Trichy shall take the case on file, try it along with H.M.O.P.No.162 of 2024, and dispose of both cases as expeditiously as possible in accordance with law.ratio¶48

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court, Justice P. Vadamalai, 25.03.2025. Cross transfer petitions under Section 24 of the Code of Civil Procedure between spouses Kavitha (wife) and Saravanan (husband): the wife sought withdrawal and transfer of the husband's restitution-of-conjugal-rights proceeding H.M.O.P.No.711 of 2024 from the Family Court, Karur to the Principal Sub Court, Trichy (Tr.C.M.P.(MD)No.30 of 2025); the husband sought withdrawal and transfer of the wife's divorce proceeding H.M.O.P.No.162 of 2024 from the Principal Sub Court, Trichy to the Family Court, Karur for joint trial (Tr.C.M.P.(MD)No.83 of 2025). A prior referral of both cases to the Mediation and Conciliation Centre (24.02.2025) produced no settlement (report dated 10.03.2025). Relying on the settled principle that in matrimonial transfer petitions the convenience of the wife should be predominantly looked into and given preference, the Court allowed the wife's petition and dismissed the husband's, directed transmission of the Karur records to Trichy within three weeks, and directed joint trial and expeditious disposal of both proceedings; no costs; the connected C.M.P.(MD)Nos.753 & 2022 of 2025 were closed.

Tr.CMP.(MD)Nos.30 & 83 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 25.03.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI

Tr.CMP.(MD)Nos.30 & 83 of 2025 and C.M.P.(MD)Nos.753 & 2022 of 2025

Tr.C.M.P.(MD)No.30 of 2025 :

Kavitha .. Petitioner

Vs.

Saravanan

.. 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.711 of 2024 on the file of the Family Court, Karur and transfer the same to the file of the Principal Sub Court, Trichy.

For Petitioner : Mr.S.I.Muthiah

For Respondent : Mr.A.N.Ramanathan

Tr.C.M.P.(MD)No.83 of 2025 :

Saravanan .. Petitioner

Vs.

Kavitha .. Respondent

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Tr.CMP.(MD)Nos.30 & 83 of 2025

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.162 of 2024 on the file of the Principal Sub Court, Trichy and transfer the same to the file of the Family Court, Karur to be tried along with H.M.O.P.No.711 of 2024.

For Petitioner : Mr.A.N.Ramanathan

For Respondent : Mr.S.I.Muthiah

COMMON ORDER

The Transfer Civil Miscellaneous Petition in Tr.C.M.P.(MD)No.30 of 2025 has been filed by the wife to withdraw the proceeding in H.M.O.P. No.711 of 2024 on the file of the Family Court, Karur and transfer the same to the file of the Principal Sub Court, Trichy, and the Transfer Civil Miscellaneous Petition in Tr.C.M.P.(MD)No.83 of 2025 has been filed by the husband to withdraw the proceeding in H.M.O.P.No.162 of 2024 on the file of the Principal Sub Court, Trichy and transfer the same to the file of the Family Court, Karur to be tried along with H.M.O.P.No.711 of 2024.

The marriage between both the parties was solemnized on 07.11.2022 at KVS Mahal, Pettaivaithalai as per the Hindu Rites and Customs. Out of their wedlock, no child was born.

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Tr.CMP.(MD)Nos.30 & 83 of 2025

Due to disputes and differences, the parties have separated, and the husband has initiated the proceeding in H.M.O.P.No.711 of 2024 on the file of the Family Court, Karur seeking restitution of conjugal rights. The wife has initiated the proceeding in H.M.O.P.No.162 of 2024 on the file of the Principal Sub Court, Trichy seeking divorce.

Heard the learned counsel appearing on either side.

The learned counsel appearing for the wife submits that his client

is now residing at Pettavaithalai, Srirangam Taluk, Trichy District under the care of her parents. The distance between Pettavaithalai and Karur is around 120 Kms to and fro, and being a lady, she finds it very difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in H.M.O.P.No.711 of 2024 from the file of the Family Court, Karur to the file of the Principal Sub Court, Trichy to be tried along with H.M.O.P.No.162 of 2024.

The learned counsel appearing for the husband has not raised any

serious objection for the transfer of proceeding in H.M.O.P.No.711 of 2024 from the file of the Family Court at Karur to the file of the Principal Sub

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the wife.

Tr.CMP.(MD)Nos.30 & 83 of 2025

Court at Trichy, and he submitted that the husband is ready to reunite with the wife.

On perusal of the record, it is seen that on 24.02.2025, this Court has already referred these cases to the Mediation and Conciliation Centre attached to this Bench, and a report, dated 10.03.2025, has also been received by this Court stating that no agreement was reached. Despite referring these cases to the Mediation on the request made by both the parties, there is no amicable settlement arrived between them.

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, this Court is inclined to allow the petition in Tr.C.M.P.(MD)No.30 of 2025 and is inclined to dismiss the petition in Tr.C.M.P.(MD)No.83 of 2025.

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Tr.CMP.(MD)Nos.30 & 83 of 2025

The learned Judge, Family Court, Karur is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.711 of 2024, to the file of the Principal Sub Court, Trichy within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Principal Sub Court, Trichy is directed to take the case on file, and try the case along with H.M.O.P.No.162 of 2024, and dispose of both the cases as expeditiously as possible in accordance with law.

Accordingly, the Transfer Civil Miscellaneous Petition in Tr.C.M.P.(MD)No.30 of 2025 stands allowed, and the Transfer Civil Miscellaneous Petition in Tr.C.M.P.(MD)No.83 of 2025 stands dismissed. No costs. Consequently, the connected Civil Miscellaneous Petitions are closed.

25.03.2025

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

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Tr.CMP.(MD)Nos.30 & 83 of 2025

P. VADAMALAI, J.

mkn

To

1.The Family Court, Karur.

2.The Principal Sub Court, Trichy.

Tr.CMP.(MD)Nos.30 & 83 of 2025 and C.M.P.(MD)Nos.753 & 2022 of 2025

25.03.2025

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