Malliga Vs Velmurugan — Matrimonial and Divorce | Madras HC (2025)

Malliga Vs Velmurugan — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

Transfer Petition allowed: H.M.O.P.No.465 of 2025 withdrawn from Family Court, Chengalpattu and transferred to Family Court, Tirunelveli District, to be disposed of expeditiously preferably within six months; husband permitted video-conference appearance and counsel representation for non-essential/procedural hearings; no order as to costs; connected Miscellaneous Petitions closed.

Issue for consideration

Whether I.A.No.2 of 2025 in the unnumbered H.M.O.P. (subsequently numbered H.M.O.P.No.465 of 2025), the husband's divorce proceeding pending before the Family Court, Chengalpattu, should be withdrawn and transferred to the Family Court, Tirunelveli, where the wife resides. +1 more

Court's answer

In matters of transfer, the convenience of the wife must be given superior consideration over that of the husband; Parliament's incorporation of Section 19(iii) of the Hindu Marriage Act, permitting a wife to initiate proceedings where she resides, indicates that the wife's convenience has to be given precedence, and this Court and the Supreme Court have consistently held accordingly.

Ratio / Principle

As the distance between Tirunelveli and Chengalpattu is not considerable and it will be difficult for the wife to travel and attend the Court, the transfer is accepted.

Key takeaways

H.M.O.P. No.465 of 2025 pending on the file of Family Court, Chengalpattu is ordered to be withdrawn and transferred to the file of Family Court, Tirunelveli District.ratio¶32
The Judge, Family Court, Tirunelveli is directed to dispose of the transferred case expeditiously, preferably within a period of six months.ratio¶32
After transfer, the Family Court may not insist upon the husband's physical presence on all hearing dates; he may appear through video conferencing and, for non-essential and procedural hearings, be represented through counsel, but he shall present himself before the Court when the Trial Court passes a specific order for his appearance or when his presence is indispensable.

Detailed headnote1 paragraphs

Tr.CMP(MD).No.490 of 2025 (Madurai Bench of Madras High Court, decided 16.12.2025, Mohammed Shaffiq, J.) — Wife-petitioner Malliga, under Section 24 of the Civil Procedure Code, sought transfer of her husband Velmurugan's divorce proceeding — I.A.No.2 of 2025 in an unnumbered H.M.O.P., later numbered H.M.O.P.No.465 of 2025 on the file of Family Court, Chengalpattu, filed with an interim application under Section 14(2) of the Hindu Marriage Act, 1955 before expiry of one year of the marriage solemnised on 08.09.2024 — to Family Court, Tirunelveli, where she resides; she had separately filed H.M.O.P.No.115 of 2025 for restitution of conjugal rights. The respondent conveyed no objection to the transfer. Holding: Parliament's incorporation of Section 19(iii) of the Hindu Marriage Act, allowing a wife to initiate proceedings where she resides, shows the wife's convenience must be given precedence; consistently with this Court and the Supreme Court, the wife's convenience receives superior consideration in transfer matters; the distance between Tirunelveli and Chengalpattu and the difficulty of travel justified acceptance. H.M.O.P.No.465 of 2025 was withdrawn from Family Court, Chengalpattu and transferred to Family Court, Tirunelveli District, with directions to dispose of it expeditiously, preferably within six months; the Family Court may not insist on the husband's physical presence on all dates — video conferencing and representation through counsel permitted for non-essential and procedural hearings, physical presence required only when specifically ordered or indispensable. Transfer Petition allowed; no order as to costs; connected Miscellaneous Petitions (CMP(MD).Nos.13744 & 13746 of 205, as printed) closed.