M.Dhavanya v. M.Praveen Kumar

Madras HC10 Mar 2026TR CMP(MD)/16/2026

Case brief

AI extract

What is this about?

Wife-convenience transfer of matrimonial case under Section 24 CPC; H.M.O.P.No.6 of 2025 moved from Family Court, Dindigul to Family Court, Theni; petitioner M.Dhavanya residing at Periyakulam, Theni District with 2-year-old child; reliance on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; Tr.C.M.P.(MD)No.16 of 2026; Madurai Bench of Madras High Court; K. Murali Shankar, J.; decided 10.03.2026.

What did the court decide?

Transfer of H.M.O.P.No.6 of 2025 from the Family Court, Dindigul to the Family Court, Theni; records to be transmitted within 10 days; connected C.M.P.(MD)No.333 of 2026 closed; no costs. ¶¶36

M.Dhavanya Vs M.Praveen Kumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of H.M.O.P.No.6 of 2025 from the Family Court, Dindigul to the Family Court, Theni; records to be transmitted within 10 days; connected C.M.P.(MD)No.333 of 2026 closed; no costs.

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Issue for consideration

Whether H.M.O.P.No.6 of 2025 (divorce petition) pending before the Family Court, Dindigul should be withdrawn and transferred to the Family Court, Theni, in view of the petitioner-wife's residence at Periyakulam, Theni District.

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Court's answer

The Court held that, considering the facts and circumstances and the respondent's no-objection, H.M.O.P.No.6 of 2025 shall be withdrawn from the file of the Family Court, Dindigul and transferred to the Family Court, Theni.

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Ratio / Principle

The Judge, Family Court, Dindigul, was directed to transmit the entire records of H.M.O.P.No.6 of 2025 to the Family Court, Theni within 10 days of receipt of a copy of the order, and the Judge, Family Court, Theni, to take up the petition on file and proceed in accordance with law.

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Key takeaways

The Transfer Civil Miscellaneous Petition is allowed; the respondent may request the Family Court, Theni for early disposal of the case, which the Judge is directed to consider; the connected Miscellaneous Petition is closed and no costs are imposed.ratio¶¶36

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 C.P.C. allowed by a single Judge of the Madurai Bench of Madras High Court: H.M.O.P.No.6 of 2025 (divorce petition filed by the husband) ordered to be withdrawn from the Family Court, Dindigul and transferred to the Family Court, Theni, taking into account that the petitioner-wife resides at Periyakulam, Theni District with her 2-year-old daughter and finds travel to Dindigul difficult, and noting the respondent's counsel's no objection; the Supreme Court's position in N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha (2022 Live Law (SC) 627), that generally the wife's convenience is looked at in transfer petitions under Section 24 CPC, was quoted and relied upon; the Dindigul Judge was directed to transmit the entire records within 10 days and the Theni Judge to proceed in accordance with law; the respondent was given liberty to seek early disposal; connected C.M.P.(MD)No.333 of 2026 closed; no costs.

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Tr.C.M.P.(MD)No.16 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.03.2026

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Tr.C.M.P.(MD)No.16 of 2026

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and C.M.P.(MD)No.333 of 2026

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M.Dhavanya ... Petitioner/ Respondent

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Vs.

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M.Praveen Kumar ... Respondent/ Petitioner

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Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the H.M.O.P.No.6 of 2025 on the file of the Family Court, Dindigul, and transfer the same to the file of the Family Court, Theni.

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For Petitioner : Mr.T.Lenin Kumar

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For Respondent : Mr.S.Balamurugan

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ORDER

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The Transfer Civil Miscellaneous Petition is filed to withdraw the

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case from the file of the Family Court, Dindigul, in H.M.O.P.No.6 of 2025

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

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

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

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It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 21.08.2022 and that subsequently there arose some misunderstanding and they are living separately. It is also not in dispute that the respondent filed a petition in H.M.O.P.No.6 of 2025 seeking divorce and the same is pending on the file of the Family Court, Dindigul.

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The learned counsel appearing for the petitioner would submit that the petitioner is residing at Periyakulam, Theni District along with her 2 years old girl child and finds it difficult to travel from Theni to Dindigul to attend the hearings.

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The learned counsel appearing for the respondent would submit that the case may be transferred but time limit may be fixed for the disposal of the case.

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

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Tr.C.M.P.(MD)No.16 of 2026

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha reported in 2022 Live Law (SC) 627 , the Hon'ble Supreme Court has reiterated the position with generally, it is the wife's convenience, which must be looked at while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder :

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“ The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.", the bench observed. ”

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Considering the above facts and circumstances and also taking

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note of the no objection stated by the learned counsel appearing for the

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

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Tr.C.M.P.(MD)No.16 of 2026

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respondent, this Court is of the view that the case in H.M.O.P.No.6 of 2025 is ordered to be withdrawn from the file of the Family Court, Dindigul, and transfer the same to the file of the Family Court, Theni. Accordingly, the learned Judge, Family Court, Dindigul, is hereby directed to transmit the entire records in H.M.O.P.No.6 of 2025 to the file of the Family Court, Theni, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family Court, Theni, is directed to take up the petition on file and proceed in accordance with law.

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With the above direction, the Transfer Civil Miscellaneous Petition is allowed. The respondent is at liberty to approach the Family Court, Theni, requesting for early disposal of the case and on such requisition, the learned Judge is directed to consider the same. Consequently, connected Miscellaneous Petition is closed. No costs.

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10.03.2026

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NCC :yes/No Index :yes/No Internet:yes/No csm

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