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Swathi, v. Manikandan

Madras HC17 Jun 2026TR CMP(MD)/235/2026

Case brief

AI extract

What is this about?

Tr.C.M.P.(MD)No.235 of 2026; Swathi v. Manikandan; Section 24 CPC transfer petition; matrimonial transfer; wife's convenience principle; H.M.O.P.No.178 of 2026 divorce case; Family Court Tirupur to III Additional Subordinate Court Madurai; N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha 2022 Live Law (SC) 627; counter affidavit objection; records transmission within 10 days; C.M.P.(MD)No.5823 of 2026 closed; no costs; allowed; 17.06.2026; Madurai Bench of Madras High Court; K. Murali Shankar, J.

What did the court decide?

Transfer of H.M.O.P.No.178 of 2026 from the Family Court, Tirupur to the III Additional Subordinate Court, Madurai allowed; connected Miscellaneous Petition (C.M.P.(MD)No.5823 of 2026) closed; no costs. ¶42

Swathi, Vs Manikandan — 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Whether the divorce petition H.M.O.P.No.178 of 2026 pending before the Family Court, Tirupur should be withdrawn and transferred to the III Additional Sub Court, Madurai. +2 more

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Court's answer

Applying the principle (as per N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627) that in matrimonial matters it is generally the wife's convenience which must be looked at in a transfer petition under Section 24 CPC, and taking note that the petitioner resides at Madurai, the Court ordered withdrawal of H.M.O.P.No.178 of 2026 from the file of the Family Court, Tirupur and its transfer to the file of the III Additional Subordinate Court, Madurai.

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Ratio / Principle

The records of H.M.O.P.No.178 of 2026 were directed to be transmitted by the Family Court, Tirupur to the III Additional Subordinate Court, Madurai within a period of 10 days from the date of receipt of a copy of the order.

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Key takeaways

On receiving the case bundle, the learned III Additional Subordinate Judge, Madurai, was directed to take up the petition on file and proceed in accordance with law.ratio¶41

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), 17.06.2026 (K. Murali Shankar, J.) - Swathi (wife/petitioner) filed this Transfer Civil Miscellaneous Petition under Section 24 CPC seeking withdrawal of H.M.O.P.No.178 of 2026, a divorce petition filed by the respondent-husband Manikandan pending before the Family Court, Tirupur, and its transfer to the III Additional Sub Court, Madurai, on the ground that she resides at Madurai with her one-year-old male child and finds it difficult to travel to Tirupur for hearings. The respondent filed a counter affidavit objecting to the transfer, contending that no valid reason or ground was assigned. Relying on the Supreme Court decision in N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627, reiterating that in matrimonial matters it is generally the wife's convenience which must be looked at while considering transfer under Section 24 CPC, the Court withdrew H.M.O.P.No.178 of 2026 from the file of the Family Court, Tirupur and transferred it to the file of the III Additional Subordinate Court, Madurai. The Family Court, Tirupur was directed to transmit the entire records within 10 days from receipt of a copy of the order, and the III Additional Subordinate Judge, Madurai, was directed to take the petition on file and proceed in accordance with law. Transfer Civil Miscellaneous Petition allowed; connected C.M.P.(MD)No.5823 of 2026 closed; no costs.

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Tr.C.M.P.(MD)No.235 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.06.2026

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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.235 of 2026 and C.M.P.(MD)No.5823 of 2026

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Swathi

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... Petitioner/ Respondent

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Vs.

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Manikandan ... Respondent/ Petitioner

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Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to pass an order withdrawing the H.M.O.P.No.178 of 2026 from the file of the Family Court, Tirupur and to transfer the same to the file of the III Additional Sub Court, Madurai.

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For Petitioner : Mr.PT.S.Narendravasan

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For Respondent : Mr.K.N.Vijayasenthil Kumar

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

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Tr.C.M.P.(MD)No.235 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.178 of 2026 from the file of the Family Court, Tirupur, and transfer the same to the file of the III Additional Sub Court, Madurai.

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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 seen from the records that the marriage between the petitioner and the respondent was solemnized on 16.09.2021 and due to their wedlock, they were blessed with one male child now aged 1 year and that subsequently there arose some misunderstanding and they are living separately.

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It is evident from the records that the respondent filed a petition in H.M.O.P.No.178 of 2026 seeking divorce and the same is pending on the file of the Family Court, Tirupur.

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

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Tr.C.M.P.(MD)No.235 of 2026

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The learned counsel appearing for the petitioner would submit that the petitioner is residing at Madurai along with her 1 year male child and finds it difficult to travel to Tirupur to attend the hearings.

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The respondent filed a counter affidavit raising objections to transfer the case.

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The learned counsel appearing for the respondent would submit that the petitioner has not assigned any valid reason or ground to transfer the case and hence, the respondent is objecting for transfer.

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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.235 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

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note of the fact that the petitioner is residing at Madurai, this Court is of the view that the case in H.M.O.P.No.178 of 2026 is ordered to be withdrawn from the file of the Family Court, Tirupur, and transfer the same to the file of the III Additional Subordinate Court, Madurai. Accordingly, the learned Judge, Family Court, Tirupur, is hereby directed to transmit the entire records in H.M.O.P.No.178 of 2026 to the file of the

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III Additional Subordinate Court, Madurai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case

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

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Tr.C.M.P.(MD)No.235 of 2026

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bundle, the learned III Additional Subordinate Judge, Madurai, is directed to take up the petition on file and proceed in accordance with law.

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