Abinaya Vs Sivagnanam — Matrimonial and Divorce | Madras HC (2025)

Abinaya Vs Sivagnanam — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

Transfer petition allowed: H.M.O.P.No. 298 of 2024 withdrawn from Sub court, Uthamapalayam, Theni District and transferred to the file of Family Court, Madurai, with a direction to dispose of it expeditiously, preferably within six months; husband permitted to appear through video conferencing and through counsel for non-essential/procedural hearings, with personal appearance only when specifically ordered or indispensable; no order as to costs; connected Miscellaneous Petition (C.M.P.(MD)No.12835 of 2024) closed.

Issue for consideration

Whether H.M.O.P.No. 298 of 2024 pending before Sub court, Uthamapalayam, Theni District should be withdrawn and transferred to the file of Family Court, Madurai, having regard to the convenience of the petitioner-wife. +2 more

Court's answer

H.M.O.P.No. 298 of 2024 pending on the file of Sub court, Uthamapalayam, Theni District is ordered to be withdrawn and transferred to the file of Family Court, Madurai.

Ratio / Principle

The incorporation of Section 19(iii) of the Hindu Marriage Act, permitting a wife to initiate proceedings at the place where she resides, indicates that the convenience of the wife has to be given precedence by the Court; in line with this, this Court and the Supreme Court have consistently held that in transfer matters the convenience of the wife should be given a superior consideration than that of the husband.

Key takeaways

The distance between Madurai and Uthamapalayam is considerable and it will be difficult for the wife to leave the child behind and travel to attend the Court; on this ground the Court was inclined to accept the transfer.ratio¶28
Learned Family Court, Madurai, is directed to dispose of the transferred case expeditiously, preferably within a period of six months.obiter¶29
The Family Court may not insist on 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; he shall, however, 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

Transfer of matrimonial proceeding - Wife's convenience - Transfer Civil Miscellaneous Petition under Section 24 of CPC by wife (Abinaya) to withdraw H.M.O.P.No. 298 of 2024 (divorce petition filed by husband Sivagnanam) from Sub court, Uthamapalayam, Theni District and transfer it to Family Court, Madurai - Respondent conveyed no objection - Incorporation of Section 19(iii) of the Hindu Marriage Act, enabling a wife to initiate proceedings where she resides, shows that the convenience of the wife has to be given precedence; consistently, this Court and the Supreme Court have held that in transfer matters the wife's convenience deserves superior consideration than the husband's - Considerable distance between Madurai and Uthamapalayam and the difficulty of leaving the minor child (suffering minimal hemosiderin deposits along the tentorium cerebelli) justified acceptance - H.M.O.P.No. 298 of 2024 ordered to be withdrawn and transferred to Family Court, Madurai; disposal directed expeditiously, preferably within six months - Husband need not be physically present on all hearing dates; video-conference appearance and representation through counsel permitted for non-essential and procedural hearings, personal presence required only on specific order or when indispensable - Transfer Petition allowed; no order as to costs; connected miscellaneous petition closed. (Mohammed Shaffiq, J.; 15.12.2025)

TR.CMP(MD)No.538 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

TR.CMP(MD)No.538 of 2024 and C.M.P.(MD)No.12835 of 2024

Abinaya

... Petitioner

Vs

Sivagnanam ... Respondent

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw the case in H.M.O.P.No. 298 of 2024 on the file of the Sub court, Uthamapalayam, Theni District and transfer the same to the file of the family court, Madurai, Madurai District.

For Petitioner : Mr.N.Pragalathan, For Respondent : Mr.B.Arun

ORDER

This Transfer Petition is at the instance of wife. She seeks withdrawal

of H.M.O.P.No. 298 of 2024 from the file of Sub court, Uthamapalayam,

Theni District and transfer the same to the file of Family Court, Madurai.

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TR.CMP(MD)No.538 of 2024

2.Heard Mr.N.Pragalathan, learned counsel for petitioner and

Mr.B.Arun, learned counsel for respondent.

3.Petitioner married the respondent on 10.12.2020, according to Hindu rites and customs. Out of wedlock, a child was born. Due to differences, parties have separated. Respondent/husband initiated proceedings in H.M.O.P.No. 298 of 2024 for divorce before Sub court, Uthamapalayam, Theni District. Pleading that wife is residing in Madurai and her daughter is suffering from minimal hemosiderin deposits seen along with tentorium cerebelli, she is unable to travel from Madurai to Uthamapalayam, she has moved this transfer petition.

4.Mr.D.Venkatesh, learned counsel for respondent submitted that respondent has no objection to transfer H.M.O.P.No. 298 of 2024, on the file of Sub court, Uthamapalayam, Theni District to the file of Family Court, Madurai.

5.It is relevant to note that 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

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TR.CMP(MD)No.538 of 2024

convenience of the wife has to be 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 Madurai and Uthamapalayam is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court, I am inclined to accept the transfer.

6.In view thereof, H.M.O.P.No. 298 of 2024 pending on the file of Sub court, Uthamapalayam, Theni District, is hereby ordered to be withdrawn and transferred to the file of Family Court, Madurai. Learned Family Court, Madurai, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.

Family Court may not insist upon the physical presence of husband on all hearing dates and permit to appear through Video Conferencing. For non-essential and procedural hearings, he may be permitted to be represented through 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.538 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

15.12.2025

LR To

1 . Sub court, Uthamapalayam, Theni District

2.Judge, Family Court, Madurai District.

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TR.CMP(MD)No.538 of 2024

MOHAMMED SHAFFIQ, J.

LR

TR.CMP(MD)No.538 of 2024

15.12.2025

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