R.Aishwaria Vs P.a.Aadhithya — Madras HC (2026) — LawSathi Research

R.Aishwaria Vs P.a.Aadhithya — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer Civil Miscellaneous Petition allowed: H.M.O.P.No.21 of 2026 withdrawn from the Subordinate Court, Sattur and transferred to the Family Court, Kanniyakumari at Nagercoil; connected Miscellaneous Petition (C.M.P.(MD)No.4519 of 2026) closed; no costs awarded.

Issue for consideration

Whether H.M.O.P.No.21 of 2026 (restitution of conjugal rights petition filed by the respondent-husband, pending before the Subordinate Court, Sattur) should be withdrawn from that court and transferred to the Family Court, Kanniyakumari at Nagercoil, where the petitioner-wife resides.

Court's answer

Taking into account the petitioner-wife's residence at Agastheeswaram Taluk, Kanniyakumari District (and the Supreme Court's position, relied upon from N.C.V.Aishwarya v. A.S.Saravana Karthik Sha, that generally the wife's convenience must be looked at in transfers under Section 24 CPC), this Court ordered H.M.O.P.No.21 of 2026 to be withdrawn from the Subordinate Court, Sattur and transferred to the Family Court, Kanniyakumari at Nagercoil.

Ratio / Principle

The learned Subordinate Judge, Sattur, was directed to transmit the entire records in H.M.O.P.No.21 of 2026 to the Family Court, Kanniyakumari at Nagercoil within 10 days of receipt of a copy of the order, and the Judge, Family Court, Kanniyakumari at Nagercoil, was directed to take the petition on file and proceed in accordance with law.

Detailed headnote1 paragraphs

Transfer Petition - Section 24 CPC - Matrimonial matter - Wife residing at Agastheeswaram Taluk, Kanniyakumari District sought transfer of husband's restitution of conjugal rights petition H.M.O.P.No.21 of 2026 from Subordinate Court, Sattur to Family Court, Kanniyakumari at Nagercoil. Court, relying on the Supreme Court's ruling in N.C.V.Aishwarya v. A.S.Saravana Karthik Sha (2022 LiveLaw (SC) 627) that in matrimonial transfer petitions generally the wife's convenience must be looked at, ordered the case withdrawn from Sattur and transferred to the Family Court, Kanniyakumari at Nagercoil; Subordinate Judge directed to transmit records within 10 days; Family Court to take up and proceed per law; connected Miscellaneous Petition closed; no costs.

Tr.C.M.P.(MD)No.200 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.06.2026

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

Tr.C.M.P.(MD)No.200 of 2026 and C.M.P.(MD)No.4519 of 2026

R.Aishwaria ... Petitioner/ Respondent/ Wife

Vs.

P.A.Aadhithya ... Respondent/ Petitioner/ Husband

Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw H.M.O.P.No.21 of 2026 on the file of the Sub Court, Sattur and transfer the same to the file of the Family Court, Kanniyakumari at Nagercoil.

For Petitioner : Mr.K.Prabhakar For Respondent : Mr.S.Ramasamy

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Tr.C.M.P.(MD)No.200 of 2026

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.21 of 2026 from the file of the Subordinate Court, Sattur and transfer the same to the file of the Family Court, Kanniyakumari at Nagercoil.

Heard the learned counsel appearing for the petitioner and the

learned counsel appearing for the respondent.

It is not in dispute that the marriage between the petitioner and

the respondent was solemnized on 07.07.2025 as per the Hindu rites and customs 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.21 of 2026 seeking restitution of conjugal rights and the same is pending on the file of the Subordinate Court, Sattur and that the petitioner has laid a maintenance claim in M.C.No.7 of 2026 and the same is pending on the file of the Family Court, Kanniyakumari at Nagercoil.

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Tr.C.M.P.(MD)No.200 of 2026

The learned counsel appearing for the petitioner would submit that the petitioner is residing at Agastheeswaram Taluk, Kanniyakumari District and finds it difficult to travel to Sattur to attend the hearings.

The learned counsel appearing for the respondent would submit

that the petitioner has not assigned any valid reason or ground to transfer the case.

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 :

“ 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

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Tr.C.M.P.(MD)No.200 of 2026

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. ”

Considering the above facts and circumstances and also taking

note of the fact that the petitioner is residing at Agastheeswaram Taluk, Kanniyakumari District, this Court is of the view that the case in H.M.O.P.No.21 of 2026 is ordered to be withdrawn from the file of the Subordinate Court, Sattur, and transfer the same to the file of the Family Court, Kanniyakumari at Nagercoil. Accordingly, the learned Subordinate Judge, Sattur, is hereby directed to transmit the entire records in H.M.O.P.No.21 of 2026 to the file of the Family Court, Kanniyakumari at Nagercoil, 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, Kanniyakumari at Nagercoil, is directed to take up the petition on file and proceed in accordance with law.

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Tr.C.M.P.(MD)No.200 of 2026

With the above direction, the Transfer Civil Miscellaneous

Petition is allowed. Consequently, connected Miscellaneous Petition is

closed. No costs.

11.06.2026

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

To

The Subordinate Judge, Sattur.

The Judge, Family Court, Kanniyakumari at Nagercoil.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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Tr.C.M.P.(MD)No.200 of 2026

K.MURALI SHANKAR,J.

csm

Order made in Tr.C.M.P.(MD)No.200 of 2026 and C.M.P.(MD)No.4519 of 2026

Dated : 11.06.2026

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