Loganayaki alias S.Naveena Vs S.Kavinkumar — Madras HC (2026) — LawSathi Research

Loganayaki alias S.Naveena Vs S.Kavinkumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer petition allowed: H.M.O.P.No.535 of 2025 withdrawn from the Family Court, Karur and transferred to the Sub Court, Dharapuram to be tried along with H.M.O.P.No.133 of 2025; no costs; connected C.M.P.No.531 of 2026 closed.

Issue for consideration

Whether H.M.O.P.No.535 of 2025 (respondent's divorce petition) pending before the Family Court, Karur should be withdrawn and transferred to the Sub Court, Dharapuram to be tried along with the petitioner's restitution of conjugal rights petition H.M.O.P.No.133 of 2025.

Court's answer

The Court found merits in the submissions of the petitioner's counsel, who urged that the petitioner, a lady living with her one-year-old female child at her parents' home in Dharapuram Taluk, Tiruppur District, could not travel more than 65 kms to attend proceedings and would suffer untold hardship if the case were not transferred.

Ratio / Principle

Considering that the petitioner has a one-year-old female child, is living at Dharapuram Taluk, Tiruppur District, and the connected case is pending before the Sub Court, Dharapuram, the Court was inclined to transfer the case from the Family Court, Karur to the Sub Court, Dharapuram.

Key takeaways

The case in H.M.O.P.No.535 of 2025 was withdrawn from the file of the Family Court, Karur and transferred to the file of the Sub Court, Dharapuram.ratio¶29
After receipt of the case papers from the Family Court, Karur, the Sub Court, Dharapuram was directed to send notice to the respondent within four weeks and, after due service of notice, to proceed with the matter in the manner known to law.ratio¶29

Detailed headnote1 paragraphs

MADRAS HIGH COURT (T.V. Thamilselvi, J.), TR.C.M.P.No.18 of 2026 and C.M.P.No.531 of 2026, decided 25-06-2026 — Transfer petition under Section 24 C.P.C. filed by the wife (Loganayaki @ S.Naveena) allowed. Her husband's divorce petition, H.M.O.P.No.535 of 2025, pending before the Family Court, Karur, was withdrawn from that Court and transferred to the Sub Court, Dharapuram, to be dealt with alongside her own restitution of conjugal rights petition, H.M.O.P.No.133 of 2025, already pending there. Grounds accepted: the petitioner, a lady, lives with her one-year-old female child at her parents' home in Dharapuram Taluk, Tiruppur District, is unable to travel more than 65 kms to attend proceedings at Karur, and would face untold suffering and undue hardship if the case were not transferred; the connected case is pending before the Sub Court, Dharapuram. The respondent made no representation. On receipt of the case papers, the Sub Court, Dharapuram is to notify the respondent within four weeks and thereafter proceed in the manner known to law. No costs; the connected Civil Miscellaneous Petition was closed.

TR CMP No. 18 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

TR.C.M.P.No.18 of 2026 and C.M.P.No.531 of 2026

Loganayaki @ S.Naveena W/o. S.Kavinkumar, No.6/138, Pattathipalayam, Mulaiyanpoondi Village, Karuppanvalasu Post, Dharapuram Taluk, Tiruppur District.

..Petitioner(s)

Vs

S.Kavinkumar S/o. Selvaraj, 97/2, Senkalivalasu, Saandhapadi Village, Anangoor Post, Chinna Dharapuram Via, Aravakurichi Taluk, Karur District.

Presently residing at in the house of TNSTC Conductor Rajendran, N.A.S.Nagar, Dharapuram, Tiruppur District.

..Respondent(s)

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw H.M.O.P.No.535 of 2025 on the file of the Family Court, Karur and to transfer the same to the sub Court, Dharapuram to try it along with H.M.O.P.No.133 of 2025.

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TR CMP No. 18 of 2026

For Petitioner(s): Mr.N.Ponraj For Respondent(s): No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.535 of 2025 on the file of the Family Court, Karur and transfer the same to the Sub Court, Dharapuram.

2.Heard learned counsel for the petitioner and perused the materials available on record.

3.There is no representation on the side of the respondent.

4.Learned counsel for the petitioner submits that the petitioner along with

her one year old female child is living with her parents’ home at Dharapuram Taluk, Tiruppur District. The respondent filed a petition in H.M.O.P.No.535 of 2025 before the Family Court, Karur seeking divorce. Subsequently, the petitioner filed a petition in H.M.O.P.No.133 of 2025 before the Sub Court, Dharapuram seeking restitution of conjugal rights. He further submits that the petitioner being a lady, she is not in a position to travel more than 65 kms. for attending the Court proceedings. Further, if H.M.O.P.No.535 of 2025 is not

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TR CMP No. 18 of 2026

transferred, the petitioner will be put into untold sufferings and undue hardship. Therefore, he prays to transfer the case to the Sub Court, Dharapuram.

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merits in the submissions made by the learned counsel for the petitioner.

6.Considering the facts and circumstances of the case, the submission made by the learned counsel for the petitioner and considering the fact that the petitioner has one year old female child and living at Dharapuram Taluk, Tiruppur District as well as the connected case is pending before the Sub Court, Dharapuram, this Court is inclined to transfer the case on the file of the Family Court, Karur to the file of the Sub Court, Dharapuram. Accordingly, the case in H.M.O.P.No.535 of 2025 is hereby withdrawn from the file of the Family Court, Karur and transferred to the file of the Sub Court, Dharapuram. After receipt of the case papers from the Family Court, Karur, the Sub Court, Dharapuram is directed to send a notice to the respondent within four weeks. After due service of notice, the Sub Court, Dharapuram is directed to proceed with the matter in the manner known to law.

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TR CMP No. 18 of 2026

7.Accordingly, this Transfer Civil Miscellaneous Petition is allowed.

No costs. Consequently, connected Civil Miscellaneous Petition is closed.

25-06-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PAM

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TR CMP No. 18 of 2026

To

1.The Family Court, Karur.

2.The Sub Court, Dharapuram.

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TR CMP No. 18 of 2026

T.V.THAMILSELVI, J.

PAM

TR.C.M.P.No.18 of 2026 and C.M.P.No.531 of 2026

25-06-2026

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