Allowed¶39

Roshini, v. Chandrakumar

Madras HC9 Jun 2026TR CMP(MD)/220/2026

Case brief

AI extract

What is this about?

Transfer petition Section 24 CPC; Tr.C.M.P.(MD)No.220 of 2026; Madurai Bench of Madras High Court; 09.06.2026; K. Murali Shankar J.; wife's convenience in matrimonial transfers; H.M.O.P.No.145 of 2026 moved from Family Court Tiruppur to Family Court Theni; reliance on N.C.V.Aishwarya v. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627; petitioner residing Periyakulam Taluk, Theni District; records transmission within 10 days; connected CMP closed; no costs.

What did the court decide?

Withdrawal of H.M.O.P.No.145 of 2026 from the Family Court, Tiruppur and its transfer to the Family Court, Theni, with transmission of entire records within 10 days; connected Miscellaneous Petition closed; no costs. ¶39

Roshini, Vs Chandrakumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the divorce proceedings in H.M.O.P.No.145 of 2026 pending before the Family Court, Tiruppur should be withdrawn and transferred to the Family Court, Theni, taking into account the petitioner-wife's convenience.

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Ratio / Principle

Taking note that the petitioner is residing at Periyakulam Taluk along with her children and applying the principle (drawn from N.C.V.Aishwarya v. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627) that generally it is the wife's convenience which must be looked at in transfer petitions, the Court ordered the case in H.M.O.P.No.145 of 2026 to be withdrawn from the file of the Family Court, Tiruppur and transferred to the file of the Family Court, Theni.

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Key takeaways

The learned Judge, Family Court, Tiruppur, was directed to transmit the entire records in H.M.O.P.No.145 of 2026 to the file of the Family Court, Theni within a period of 10 days from the date of receipt of a copy of the order; 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.ratio¶38
With the above directions, the Transfer Civil Miscellaneous Petition is allowed; consequently, the connected Miscellaneous Petition (C.M.P.(MD)No.5333 of 2026) is closed; no costs awarded.ratio¶39

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (K. Murali Shankar, J.), 09.06.2026: Allowed a wife's Transfer Civil Miscellaneous Petition under Section 24 C.P.C. seeking withdrawal of H.M.O.P.No.145 of 2026 (divorce petition filed by the husband) from the Family Court, Tiruppur and its transfer to the Family Court, Theni. Relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627 (wife's convenience generally governs matrimonial transfer petitions under Section 24 CPC), and noting that the petitioner resides at Periyakulam Taluk, Theni District with her two children and finds travel to Tiruppur difficult, the Court directed transmission of the entire records within 10 days and that the Family Court, Theni take up the petition and proceed in accordance with law. Connected C.M.P.(MD)No.5333 of 2026 closed; no costs.

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Tr.C.M.P.(MD)No.220 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.06.2026

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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.220 of 2026 and C.M.P.(MD)No.5333 of 2026

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Roshini

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... Petitioner/ Respondent

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Vs.

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Chandrakumar ... Respondent/ Petitioner

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Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.145 of 2026 from the file of the Family Court, Tiruppur and transfer the same to the file of the Family Court, Theni, for disposal of the same on merits in accordance with law.

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For Petitioner : Mr.K.N.Vijayasenthil Kumar

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For Respondent : M/s.K.Vidya

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

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Tr.C.M.P.(MD)No.220 of 2026

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ORDER

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The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.145 of 2026 from the file of the Family Court, Tiruppur, 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 22.08.2012 as per the Hindu rites and customs and due to their wedlock, they were blessed with two children, namely, Nishanth born in 2013 and Manisha Sri born in 13.11.2017 and that subsequently there arose some misunderstanding and they are living separately.

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It is not in dispute that the respondent filed a petition in H.M.O.P.No.145 of 2026 seeking divorce and the same is pending on the file of the Family Court, Tiruppur.

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

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Tr.C.M.P.(MD)No.220 of 2026

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The learned counsel appearing for the petitioner would submit that the petitioner has laid a maintenance case and the same is yet to be taken on file. He would further submit that the petitioner is residing at Periyakulam Taluk, Theni District and finds it difficult to travel to Tiruppur to attend the hearings along with her two children.

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The learned counsel appearing for the respondent would submit that the petitioner has purposely filed the above petition to cause harassment to the respondent and that the petitioner has not assigned any valid reason or ground for transferring the case.

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha

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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

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

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Tr.C.M.P.(MD)No.220 of 2026

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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 note of the fact that the petitioner is residing at Periyakulam Taluk along with her children, this Court is of the view that the case in H.M.O.P.No. 145 of 2026 is ordered to be withdrawn from the file of the Family Court, Tiruppur, and transfer the same to the file of the Family Court, Theni. Accordingly, the learned Judge, Family Court, Tiruppur, is hereby directed to transmit the entire records in H.M.O.P.No.145 of 2026 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,

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

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Tr.C.M.P.(MD)No.220 of 2026

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Family Court, Theni, is directed to take up the petition on file and proceed in accordance with law.

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