Allowed¶32

N. Elakkiya v. K. Maheshwaran

Madras HC18 Feb 2026TR CMP/41/2026

Case brief

AI extract

What is this about?

Transfer petition under S.24 CPC allowed by Madras HC (Dr. Justice A.D. Maria Clete, 18.02.2026); divorce HMOP 268/2025 moved from Subordinate Court Devakottai to Family Court Chennai; grounds: wife's Chennai residence (Ashok Nagar) and nursing employment since 2022, two children in Devakottai hostel under maternal grandmother's care, hardship and harassment by husband's loan lenders; records transmission within three weeks; expeditious disposal uninfluenced by observations; connected stay CMP 1049/2026 closed; no costs.

What did the court decide?

Withdrawal of H.M.O.P.No.268 of 2025 from the Subordinate Court, Devakottai and its transfer to the Family Court, Chennai; records to be transmitted within three weeks; connected C.M.P.No.1049 of 2026 closed; no order as to costs. ¶32

N. Elakkiya Vs K. Maheshwaran — 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Whether H.M.O.P.No.268 of 2025 pending before the Subordinate Court, Devakottai should be withdrawn under Section 24 CPC and transferred to the file of the Family Court, Chennai. +1 more

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Court's answer

Having considered the petitioner's residence and circumstances, her employment at Chennai since 2022, the responsibility towards the two children, and the hardship pleaded, the Court held that the transfer sought deserved to be ordered.

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Ratio / Principle

Tr.C.M.P.No.41 of 2026 is allowed and H.M.O.P.No.268 of 2025 is withdrawn from the file of the Subordinate Court, Devakottai.

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Key takeaways

The learned Subordinate Judge, Devakottai is directed to transmit the records in H.M.O.P.No.268 of 2025 to the Family Court, Chennai within three weeks from the date of receipt of a copy of the order.ratio¶35
The Family Court, Chennai shall dispose of the transferred matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order.ratio¶35
Connected C.M.P.No.1049 of 2026 (stay petition) is consequently closed and there is no order as to costs.

Detailed headnote1 paragraphs

Madras High Court (Dr. Justice A.D. Maria Clete), order dated 18.02.2026: Allowed a wife's transfer petition under Section 24 CPC and withdrew H.M.O.P.No.268 of 2025 (divorce petition filed by the husband) from the Subordinate Court, Devakottai, transferring it to the Family Court, Chennai. Grounds relied upon: the petitioner-wife resides at Ashok Nagar, Chennai and has worked as a Nurse-cum-Caretaker (Home Care) since 10.04.2022, employment that does not permit frequent travel; the parties' two children (aged about 16 and 9 years) stay in a hostel at Devakottai under the care of the petitioner's mother; and the petitioner faces hardship from loan lenders harassing her over monies borrowed by the husband. The Subordinate Judge, Devakottai was directed to transmit the records within three weeks; the Family Court, Chennai to dispose of the matter expeditiously and uninfluenced by any observations in the order; connected stay petition C.M.P.No.1049 of 2026 closed; no order as to costs.

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Tr.C.M.P.No.41 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.02.2026

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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Tr.C.M.P.No.41 of 2026 and CMP No.1049 of 2026

N.Elakkiya

... Petitioner

K.Maheshwaran

... Respondent

PRAYER inTr.C.M.P:

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This Transfer Miscellaneous Petition is filed under Section 24 C.P.C., to withdraw the HMOP No.268 of 2025 pending on the file of the Subordinate Court at Devakottai and transfer the same to the file of Chennai.

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PRAYER in C.M.P:

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To stay all further proceedings in HMOP No.268 of 2025 pending on the file of the Subordinate Court at Devakottai.

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For Petitioner :Mr.J.Suresh

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For Respondent : Mr.J.Prakasam

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

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O R D E R

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Tr.C.M.P.No.41 of 2026

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Heard.

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This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of H.M.O.P.No.268 of 2025 pending on the file of the learned Subordinate Court, Devakottai, and transfer of the same to the file of the Family Court having jurisdiction at Chennai.

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3.The marriage between the petitioner and the respondent was solemnized on 13.09.2008 at Madurai Meenakshi Amman Temple, Madurai as per Hindu rites and customs. The respondent-husband filed H.M.O.P.No.268 of 2025 seeking divorce before the Subordinate Court, Devakottai.

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The petitioner is the wife. She states that she has c ome down to Chennai and is residing at Ashok Nagar, Chennai, and that she has been working as a Nurse-cum-Caretaker (Home Care) since 10.04.2022.

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

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Tr.C.M.P.No.41 of 2026

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1. It is stated that the parties have two children, aged about 16 years and 9 years; that both children are staying in a hostel at Devakottai under the care of the petitioner’s mother; and that the petitioner is dependent on her earnings and the nature of her employment does not permit frequent travel.

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The petitioner’s case is that the respondent/husband has obtained loans and borrowed money from various persons and that the loan lenders have been harassing the petitioner/wife, causing hardship.

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The respondent/husband is stated to be residing at Devakottai and the matrimonial original petition is pending there.

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Having considered the residence and circumstances of the petitioner, her employment at Chennai since 2022, the responsibility towards the two children, and the hardship pleaded, this Court is satisfied that the transfer sought deserves to be ordered.

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Accordingly, Tr.C.M.P.No.41 of 2026 is allowed. HMOP No.268 of 2025 on the file of the Subordinate court, Devakottai is withdrawn and

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

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Tr.C.M.P.No.41 of 2026 transferred to the file of the Family Court, Chennai. The learned Subordinate Judge, Devakottai, is directed to transmit the records in H.M.O.P.No.268 of 2025 to the Family Court, Chennai, within three weeks from the date of receipt of a copy of this order and the Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected C.M.P.No.1049 of 2026 is closed. There shall be no order as to costs.

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18.02.2026

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mfa Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No

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

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Tr.C.M.P.No.41 of 2026

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