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Kavitha v. N.Kathiresan

Madras HC16 Jun 2026TR CMP/307/2026

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial case; Section 24 Code of Civil Procedure (C.P.C.); TR.C.M.P.; H.M.O.P.No.5 of 2025; divorce petition by husband; wife-petitioner health grounds; permanent hearing loss; interim maintenance interlocutory application; distance 100 kms Musiri-Salem; residence at Salem with aged parents; no source of income; respondent absent despite cause-list; Family Court Salem; Sub Court Musiri; notice within four weeks; no costs; connected C.M.P.No.8691 of 2026 closed.

What did the court decide?

Withdrawal and transfer of H.M.O.P.No.5 of 2025 from the Sub Court, Musiri to the Family Court, Salem; notice to the respondent within four weeks of receipt of case papers; no costs; connected civil miscellaneous petition (C.M.P.No.8691 of 2026) closed. ¶7

Kavitha Vs N.Kathiresan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.5 of 2025 (divorce petition filed by the respondent) pending before the Sub Court, Musiri should be withdrawn and transferred to the Family Court, Salem, given the petitioner's permanent hearing loss and other health issues, her residence at Salem with aged parents, the approximately 100 km distance, and her lack of any source of income.

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Court's answer

Considering the facts and circumstances, the submissions of learned counsel, and the petitioner's age (46 years) and permanent hearing loss, this Court found merit in the transfer request and was inclined to transfer the case.

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Ratio / Principle

The case in H.M.O.P.No.5 of 2025 is withdrawn from the file of the Sub Court, Musiri and transferred to the file of the Family Court, Salem.

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Key takeaways

Operative directions: after receipt of the case papers from the Sub Court, Musiri, the Family Court, Salem is to send notice to the respondent within four weeks and, after due service of notice, proceed with the matter in the manner known to law.ratio¶6

Detailed headnote1 paragraphs

Madras High Court (Hon'ble Mrs. Justice T.V. Thamilselvi) allowed TR.C.M.P.No.307 of 2026, filed under Section 24 C.P.C. by the wife, seeking withdrawal and transfer of the husband's divorce petition H.M.O.P.No.5 of 2025 from the Sub Court, Musiri to the Family Court, Salem. Grounds: petitioner is 46 years old, suffers permanent hearing loss and other health issues, resides at Salem with aged parents, lives about 100 kms from the Sub Court, Musiri, and has no source of income (an interlocutory application for interim maintenance had been filed). Despite the respondent's name on the cause list, he did not appear. The Court withdrew the case from the Sub Court, Musiri and transferred it to the Family Court, Salem, directing that Family Court, upon receipt of case papers, to send notice to the respondent within four weeks and thereafter proceed in the manner known to law. No costs awarded; connected C.M.P.No.8691 of 2026 closed.

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TR CMP No. 307 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-06-2026

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CORAM

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

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TR.C.M.P.No.307 of 2026 and C.M.P.No.8691 of 2026

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Mrs.Kavitha W/o.Mr.Kathiresan, No.43/82, Seerangan Street 5, Dadagapatti, Salem - 636 006.

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..Petitioner(s)

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Mr.N.Kathiresan S/o.S.Nagarajan, Door No.106, Vellalar Street, Arasalur Post, Thotiyam Taluk, Tiruchirappalli – 621 203.

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..Respondent(s)

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw and transfer of the H.M.O.P.No.5 of 2025 on the file of Sub Court, Musiri and transfer the same to the Family Court at Salem.

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For Petitioner(s): Ms.Subhalaxmi Samanta For Respondent(s): No appearance

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ORDER

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This transfer civil miscellaneous petition has been filed to withdraw the

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case in H.M.O.P.No.5 of 2025 on the file of the Sub Court, Musiri and transfer the same to the Family Court, Salem.

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https://www.mhc.tn.gov.in/judis

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TR CMP No. 307 of 2026

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

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3.Despite the name printed on the cause list, there is no representation on the side of the respondent.

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4.Learned counsel for the petitioner submits that the petitioner is suffering from various health issues including permanent hearing loss. The respondent filed a divorce petition in H.M.O.P.No.5 of 2025 before the Sub Court, Musiri. The petitioner filed an interlocutory application for interim maintenance. The petitioner is residing at Salem with aged parents. She further submits that the distance between the petitioner’s residence and the Sub Court, Musiri is 100 kms. and due to various health issues it is very difficult for her to attend each and every hearing before the Sub Court, Musiri. Since no source of income for the petitioner, she is depending upon her aged parents. Therefore, she prays to transfer the case to the Family Court, Salem.

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5.I have gone through the affidavit filed in support of the transfer petition

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as well. I find merit in the submissions made by the learned counsel for the petitioner.

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https://www.mhc.tn.gov.in/judis

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TR CMP No. 307 of 2026

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6.Considering the facts and circumstances of the case, the submissions

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made by the learned counsel for the petitioner and considering the fact that the petitioner is aged 46 years and she has permanent hearing loss, this Court is inclined to transfer the case on the file of the Sub Court, Musiri to the file of the Family Court, Salem. Accordingly, the case in H.M.O.P.No.5 of 2025 is hereby withdrawn from the file of the Sub Court, Musiri and transferred to the file of the Family Court, Salem. After receipt of the case papers from the Sub Court, Musiri, the Family Court, Salem is directed to send a notice to the respondent within four weeks. After due service of notice, the Family Court, Salem is directed to proceed with the matter in the manner known to law.

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