K. Kavitha Vs K.P. Arunkumar — Matrimonial and Divorce | Madras HC (2026)

K. Kavitha Vs K.P. Arunkumar — Matrimonial and Divorce | Madras HC (2026)

What the court decided

AI extract

Outcome

Both Tr.C.M.Ps. allowed; H.M.O.P.No.176 of 2020 and H.M.O.P.No.288 of 2022 withdrawn from the II Additional Sub-Court, Coimbatore and transferred to the Sub-Court, Palladam, Tiruppur District, with a direction for early disposal; connected Civil Miscellaneous Petitions closed; no costs.

Issue for consideration

Whether H.M.O.P.No.176 of 2020 and H.M.O.P.No.288 of 2022, pending before the II Additional Sub-Court, Coimbatore, should be withdrawn and transferred to the Sub-Court, Palladam, Tiruppur District on account of the petitioner-wife residing at Palladam and finding it difficult to travel to Coimbatore for hearings.

Ratio / Principle

The wife's request for transfer is founded on justifiable cause and accordingly both Transfer Civil Miscellaneous Petitions are allowed.

Key takeaways

H.M.O.P.No.176 of 2020 and H.M.O.P.No.288 of 2022 are withdrawn from the II Additional Sub-Court, Coimbatore and transferred to the file of the Sub-Court, Palladam, Tiruppur District.ratio¶9
The Sub-Court, Palladam is directed, on receipt of the records, to take effective steps to try and dispose of both matrimonial matters in accordance with law at the earliest; costs were not imposed and connected Civil Miscellaneous Petitions were closed.ratio¶9

Detailed headnote1 paragraphs

Madras High Court (R. Kalaimathi, J.) allowed two transfer petitions under Section 24 CPC brought by the wife (K.Kavitha) to withdraw H.M.O.P.No.176 of 2020 (a Section 13(1)(i-a) Hindu Marriage Act, 1955 petition instituted by the husband) and H.M.O.P.No.288 of 2022 (her own Section 9 Hindu Marriage Act petition) from the II Additional Sub-Court, Coimbatore to the Sub-Court, Palladam, Tiruppur District. The wife resides at Sukampalayam, Palladam and pleaded difficulty of travelling to Coimbatore for hearings; relying on Supreme Court precedents (Mona Aresh Goel, AIR 2000 SC 3512; Geeta Heera, 2000 (10) SCC 304; Lalita A. Ranga, (2009) 9 SCC 355) on transfer of matrimonial proceedings for the wife's convenience, the court found justifiable cause, ordered the transfer, directed the transferee court to dispose of both matters at the earliest, closed the connected CMPs and made no order as to costs.

TR CMP Nos.800 and 801 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI TR CMP Nos.800 and 801 of 2025 and CMP No.18270 and 18312 of 2025

K.Kavitha ...Petitioner in both Tr.C.M.Ps.,

Vs.

K.P.Arunkumar ...Respondent in both Tr.C.M.Ps.,

Prayer in Tr.C.M.P.No.800 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.176 of 2020 on the file of the II Additional Sub-Judge, Coimbatore to transfer the same to the Subordinate Judge, Palladam, Tiruppur District.

Prayer in Tr.C.M.P.No.801 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.288 of 2022 on the file of the II Additional Sub-Judge, Coimbatore to transfer the same to the Subordinate Judge, Palladam, Tiruppur District.

For Petitioner(s) : Mr.S.Kumaresan For Respondent(s): Mrs.AL Ganthimathi, Senior Counsel for Mr.M.Sriram

COMMON ORDER

Heard the learned counsel for the petitioner (wife) and the learned counsel for the respondent (husband).

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TR CMP Nos.800 and 801 of 2025

Tr.C.M.P.No.800 of 2025 : H.M.O.P.No.176 of 2020 was filed by the respondent (wife) under Section 13(1)(i-a) of Hindu Marriage Act, 1955.

The respondent (wife) in H.M.O.P.No.176 of 2020 on the file of the II Additional Sub-Court, Coimbatore is the petitioner herein. She would aver that she has been residing at Palladam along with her parents and she finds it difficult to travel from Palladam to Coimbatore for all the Court hearings.

The learned counsel for the petitioner would reiterate the grounds set out in the Transfer Civil Miscellaneous Petitions and seeks for transfer of the aforestated O.P., from the file of II Additional Sub-Court, Coimbatore to SubCourt, Palladam, Tiruppur District.

The learned counsel for the respondent would vehemently contend that the wife needs to appear only for few hearings and the matter can be disposed of at the earliest.

It is relevant to note that H.M.O.P.No.176 of 2020 was instituted by the husband and the matter is pending for enquiry. H.M.O.P.No.288 of 2022 was filed by the wife under Section 9 of Hindu Marriage Act and the same is pending in the stage of enquiry.

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TR CMP Nos.800 and 801 of 2025

The principles regarding transfer petitions, more specifically in the

matters of matrimonial cases are well settled by the Hon’ble Supreme Court in the following cases:-

“ i. In AIR 2000 SC 3512 (1) (Mona Aresh Goel vs. Aresh Satya Goel), when the wife pleaded that she was unable to bear the traveling expenses and even to travel alone and stay at Bombay, the Supreme Court ordered transfer of proceedings.

ii. In 2000 (10) SCC 304 (Geeta Heera Vs. Harish Chander Heera), the Hon’ble Supreme Court has held that where the petitioner's wife has pleaded lack of money, the same has to be considered.

iii. In Lalita A. Ranga Vs. Ajay Champalal Ranja reported in (2009) 9 SCC 355, wherein the wife, who was having small child and she was finding it difficult to travel from Jaipur to Bombay, and the Hon’ble Apex Court accepting her request ordered the transfer petition in favour of the wife transferring the transfer petition from Family Court at Bandra in Mumbai to the Family Court at Jaipur.”

The petitioner is the resident of Sukampalayam, Palladam, Tiruppur

District and the respondent is the resident of Thanneerpanthal, Karumathampatti, Coimbatore District.

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TR CMP Nos.800 and 801 of 2025

In consideration of the above said details, the request of the petitioner herein / wife appears to be based on justifiable cause and accordingly, both the Transfer Civil Miscellaneous Petitions are allowed. Sequel to this, H.M.O.P.Nos.176 of 2020 and 288 of 2022 pending on the file of the II Additional Sub-Court, Coimbatore is withdrawn and transferred to the file of the Sub-Court, Palladam, Tiruppur District. The learned Judge of the SubCourt, Palladam, on receipt of the records, shall take all effective steps to try and dispose of the matters in accordance with law at the earliest. No Costs. Consequently, connected Civil Miscellaneous Petitions are closed.

21-04-2026

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

ssn

To

The II Additional Sub-Judge, Coimbatore.

The Subordinate Judge, Palladam, Tiruppur District.

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TR CMP Nos.800 and 801 of 2025

R.KALAIMATHI, J.

ssn

TR CMP Nos.800 and 801 of 2025 and CMP No.18270 and 18312 of 2025

21-04-2026

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