Nagadevi alias Bhavithra Sankar Vs S.Vignesh — Matrimonial and Divorce | Madras HC (2026)

Nagadevi alias Bhavithra Sankar Vs S.Vignesh — Matrimonial and Divorce | Madras HC (2026)

What the court decided

AI extract

Outcome

Transfer petition allowed as prayed for: O.P.No.4325 of 2024 withdrawn from the V Additional Family Court, Chennai and transferred to the Family Court, Madurai, with a direction to the transferee court to dispose of the case expeditiously, preferably within six months, and with liberty for the husband to appear through counsel at non-essential and procedural hearings.

Issue for consideration

Whether the transfer petition filed by the wife should be allowed, i.e., whether O.P.No.4325/2024 pending before the V Additional Family Court, Chennai should be withdrawn and transferred to the Family Court, Madurai on the ground of the wife's convenience.

Court's answer

In matters of transfer of matrimonial proceedings, the convenience of the wife must be given superior consideration over that of the husband; the incorporation of Section 19(iii) in the Hindu Marriage Act, permitting a wife to initiate proceedings where she resides, indicates that the wife's convenience takes precedence.

Ratio / Principle

Considering the considerable distance between Madurai and Chennai (about 900 Kms to and fro), the difficulty of leaving the three-year-old child behind, and the wife's dependence on her parents and lack of financial strength, the petition for transfer is allowed as prayed for.

Key takeaways

O.P.No.4325 of 2024 pending before the V Additional Family Court, Chennai is withdrawn and transferred to the file of Family Court, Madurai, which is directed to dispose of it expeditiously, preferably within a period of six months.ratio¶31
The Family Court need not insist upon the husband's appearance on all hearing dates; for non-essential and procedural hearings he may be represented by counsel, and he shall present himself only when the Trial Court specifically orders his appearance or when his presence is indispensable.ratio¶32

Detailed headnote1 paragraphs

Transfer of matrimonial proceedings - Wife's convenience - Transfer petition under S.24 CPC by wife seeking withdrawal of husband's divorce O.P.No.4325 of 2024 from V Additional Family Court, Chennai and transfer to Family Court, Madurai - Petitioner unemployed, residing with aged parents in Madurai, caring for three-year-old daughter, facing about 900 Kms travel per hearing - Court holds that convenience of the wife must be given superior consideration than that of the husband in transfer matters, Section 19(iii) Hindu Marriage Act permitting a wife to initiate proceedings where she resides indicating such precedence - Petition allowed; case transferred to Family Court, Madurai with direction to dispose of it preferably within six months - Husband not required to attend non-essential and procedural hearings, may appear through counsel, personal appearance only when specifically ordered or when presence indispensable - No order as to costs; connected miscellaneous petition closed.

Tr.C.M.P.(MD)No.473 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.01.2026

CORAM :

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ

Tr.C.M.P.(MD)No.473 of 2025 and C.M.P.(MD)No.13357 of 2025

Nagadevi alias Bhavithra Sankar

.. Petitioner

Vs.

S.Vignesh .. Respondent

Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw the case in OP No.4325/2024 on the file of V Additional Family Court, at Chennai and to transfer the same to Family Court, at Madurai and pass such further or other order as this Honourable Court may deem fit and proper in the circumstances of the case and thus

render justice.

For Petitioner : Mr.A.Arumugam For Respondent : No appearance

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Tr.C.M.P.(MD)No.473 of 2025

ORDER

This Transfer Petition is at the instance of wife. She seeks withdrawal

of O.P.No.4325/2024 from the file of V Additional Family Court at Chennai and transfer the same to the file of Family Court, Madurai.

Heard Mr.A.Armugam, learned counsel for petitioner. Though notice was served on the respondent and proof was filed, none appeared on behalf of the respondent.

The marriage between Petitioner and Respondent was solemnized on 31.05.2020 as per Hindu rites and customs. Out of wedlock, a female child was born and she is now three years old. Due to differences, parties have separated. The respondent/husband initiated proceedings in O.P.No. 4325 of 2024 for divorce before the V Additional Family Court, Chennai.

Learned Counsel appearing for petitioner would submit that petitioner has to be accompanied by her aged parents, who suffer from age related ailments. The petitioner has to take care of her three year old female child. The petitioner is now residing at her parents' house in Madurai; her

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Tr.C.M.P.(MD)No.473 of 2025

parents are taking care of the petitioner and she depends on her parents for her daily needs. She is unemployed, does not have financial strength and she expressed her difficulty inasmuch as she may have to travel distance of 900Kms (to and fro) from Madurai to attend each hearings at V Additional Family Court, Chennai. She would therefore request this Court to transfer the case from the V Additional Family Court at Chennai to Family Court, Madurai.

It is relevant to note that Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication that convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, convenience of wife should be given a superior consideration than that of husband. As the distance between Madurai and Chennai is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court, I am inclined to allow the petition seeking transfer as prayed for

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Tr.C.M.P.(MD)No.473 of 2025

In view thereof, OP.No.4325 of 2024 pending on the file of V Additional Family Court, Chennai, is hereby ordered to be withdrawn and transferred to the file of Family Court, Madurai. Family Court, Madurai, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.

Family Court need not insist upon the appearance of husband on all hearing dates. For non-essential and procedural hearings, husband will be represented by a counsel. He shall, however, present himself before the Court, when Trial Court passes a specific order for his appearance or when his presence is indispensable.

With the above observations, the Transfer Petition is disposed of. There is no order as to costs. Consequently, connected miscellaneous petition is closed.

20.01.2026

Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No gvn

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Tr.C.M.P.(MD)No.473 of 2025

To

1.The Judge, V Additional Family Court, Chennai.

2.The Judge, Family Court, Madurai.

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Tr.C.M.P.(MD)No.473 of 2025

MOHAMMED SHAFFIQ, J.

gvn

Tr.C.M.P.(MD)No.473 of 2025 and C.M.P.(MD)No.13357 of 2025

20.01.2026

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