Disposed¶31

Kaverikani v. K.Prabu

Madras HC5 Jun 2026TR CMP(MD)/187/2026

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial/divorce case; Section 24 CPC; H.M.O.P.No.547 of 2023; Family Court Madurai; Sub Court / Subordinate Judge Sivakasi; Virudhunagar District; part-heard trial; refusal to transfer mid-trial; direction to conclude proceedings within three months; dispensation of personal appearance; Hindu marriage solemnized 12.09.2018; separation of spouses; Tr.C.M.P(MD)No.187 of 2026; C.M.P(MD)No.4336 of 2026; Madras High Court Madurai Bench; K. Murali Shankar J.; disposed; no costs.

What did the court decide?

Transfer declined at part-heard stage; Family Court, Madurai directed to dispose of H.M.O.P.No.547 of 2023 within three months of receipt of the order; petitioner left free to apply to that court for dispensation of personal appearance; connected C.M.P(MD)No.4336 of 2026 closed; no costs. ¶31

Kaverikani Vs K.Prabu — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce petition H.M.O.P.No.547 of 2023 pending before the Family Court, Madurai should be withdrawn from that court and transferred to the Sub Court, Sivakasi District. +1 more

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Court's answer

Since the divorce petition is in part heard stage, this Court is not inclined to transfer the petition at this point of time.

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Ratio / Principle

The learned Judge, Family Court Madurai, is directed to dispose of the case within a period of three months from the date of receipt of copy of this order.

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Key takeaways

The petitioner is at liberty to move the Family Court, Madurai, for dispensation of personal appearance, and upon such an application the learned trial Judge is to consider it on its merits and in accordance with law.ratio¶30

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 C.P.C. by wife Kaverikani seeking withdrawal of the divorce petition H.M.O.P.No.547 of 2023 (filed by husband K.Prabu) from the Family Court, Madurai and its transfer to the Sub Court, Sivakasi District, on the ground that she resides at Sivakasi, Virudhunagar District and travel to Madurai was burdensome. Marriage was solemnized on 12.09.2018 per Hindu rites; parties live separately. As the trial had commenced and was at part-heard stage, the Court declined to transfer the petition at that juncture, instead directing the Family Court, Madurai to dispose of the case within three months of receipt of the order, and leaving the petitioner at liberty to seek dispensation of her personal appearance, to be considered on merits and in accordance with law. Petition disposed of; connected C.M.P(MD)No.4336 of 2026 closed; no costs.

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Tr.C.M.P(MD).No.187 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.06.2026

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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Tr.C.M.P (MD).No.187 of 2026 and C.M.P(MD)No.4336 of 2026

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Kaverikani

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: Petitioner

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Vs K.Prabu : Respondent

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Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the petition in H.M.O.P.No.547 of 2023 from the file of the Family Court, Madurai and transfer the same to the Sub Court, Sivakasi District.

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For Petitioner : Mr.A.Manikandan

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For Respondent : Mr.K.R.Manimaran.

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O R D E R

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The Transfer Civil Miscellaneous Petition has been filed seeking orders

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to withdraw the petition in H.M.O.P.No.547 of 2023 from the file of the Family Court, Madurai and transfer the same to the Sub Court, Sivakasi District.

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

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Tr.C.M.P(MD).No.187 of 2026

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It is not in dispute that the marriage between the parties was solemnized on 12.09.2018 as per Hindu rites and customs and that subsequently, there arose some misunderstanding between them and that they are living separately. It is also not in dispute that the respondent has filed a petition in H.M.O.P.No.547 of 2023, seeking divorce and the same is pending on the file of the Family Court, Madurai.

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The learned counsel appearing for the petitioner would submit that the petitioner is residing at Sivakasi, Virudhunagar District and finds it very difficult to travel to Madurai to attend all the hearings.

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The learned counsel appearing for the respondent would submit that the trial has commenced and now is in part heard stage and that the divorce petition was filed in the year 2023 and the present petition is filed in 2026, after the lapse of 3 years.

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Heard the learned counsel for the petitioner as well as the learned

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counsel for the respondent and also perused the records.

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

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Tr.C.M.P(MD).No.187 of 2026

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Since the divorce petition is in part heard stage, this Court is not inclined to transfer the petition at this point of time. But at the same time, the

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learned trial Judge, is to be directed to dispose of the case at an early date.

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The learned counsel for the petitioner would submit that the personal appearance of the petitioner may be dispensed with.

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In view of the above, the learned Judge, Family Court Madurai, is directed to dispose of the case within a period of three months from the date of receipt of copy of this order. The petitioner is at liberty to move the Family Court, Madurai, for dispensation of personal appearance and upon such an application being filed, the learned trial Judge is directed to consider the same on its merits and in accordance with law.

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With the above directions, the transfer Civil Miscellaneous petition is disposed of Consequently, connected Miscellaneous Petition is closed. No costs.

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05.06.2026

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NCC : Yes/No Index : Yes/No Internet :Yes/No das

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

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Tr.C.M.P(MD).No.187 of 2026

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K.MURALI SHANKAR, J.