A.Bhuvaneshwari Vs D.Kaliraj — Matrimonial and Divorce | Madras HC (2026)

A.Bhuvaneshwari Vs D.Kaliraj — Matrimonial and Divorce | Madras HC (2026)

What the court decided

AI extract

Outcome

Transfer petition under Section 24 CPC allowed: the matrimonial (divorce) proceeding pending before the Subordinate Court, Kovilpatti withdrawn and transferred to the Family Court, Tirunelveli, with directions for expeditious disposal and liberty for the husband to appear via video conferencing (counsel representation for non-essential hearings). No order as to costs; connected Miscellaneous Petition closed.

Issue for consideration

Whether the divorce proceeding (H.M.O.P.No.129 of 2024) initiated by the husband before the Subordinate Court, Kovilpatti should be withdrawn and transferred to the Family Court, Tirunelveli in view of the wife's residence and inconvenience of travel.

Court's answer

Parliament's incorporation of Section 19(iii) of the Hindu Marriage Act (permitting a wife to initiate proceedings where she resides) indicates that the convenience of the wife must be given precedence by the Court; in line with this Parliamentary amendment, this Court and the Supreme Court have consistently held that in matters of transfer the wife's convenience should receive superior consideration than that of the husband.

Ratio / Principle

Since the distance between Tirunelveli and Kovilpatti is considerable and it would be difficult for the wife to leave her two female child(ren) and travel to attend the Court, the transfer was accepted.

Key takeaways

The divorce proceeding pending before the Subordinate Court, Kovilpatti was ordered to be withdrawn and transferred to the file of the Family Court, Tirunelveli, and that Judge was directed to dispose of the case as expeditiously as possible.ratio¶30
Direction/observation accompanying the transfer: the Family Court may not insist upon the husband's physical presence on all hearing dates and may permit him to appear through video conferencing; for non-essential and procedural hearings he may be represented through counsel; however, he must present himself when the Trial Court specifically orders his appearance or when his presence is indispensable.ratio¶35

Detailed headnote1 paragraphs

Transfer of Matrimonial Proceedings - S.24 Code of Civil Procedure - Wife's convenience to be given precedence. The Madurai Bench of the Madras High Court (Mohammed Shaffiq, J.) allowed the wife's Transfer Civil Miscellaneous Petition seeking withdrawal of her husband's divorce proceeding (H.M.O.P.) from the Subordinate Court, Kovilpatti and its transfer to the Family Court, Tirunelveli. Relying on Parliament's incorporation of Section 19(iii) of the Hindu Marriage Act (permitting a wife to initiate proceedings where she resides) and the consistent view of this Court and the Supreme Court that in transfer matters the wife's convenience merits superior consideration over the husband's, and noting the considerable Tirunelveli-Kovilpatti distance and the difficulty of the wife leaving her two female children to travel, the Court ordered the transfer and directed expeditious disposal. The Family Court was directed not to insist on the husband's physical presence on all hearing dates - video-conference appearance permitted, counsel representation for non-essential and procedural hearings - with personal appearance required only on specific order of the Trial Court or when his presence is indispensable. No costs; connected Miscellaneous Petition (CMP(MD)No.13854 of 2025) closed. Respondent served but did not appear.

TR CMP(MD). No.495 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 06.01.2026

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

TR CMP(MD). No.495 of 2025 and CMP(MD)No.13854 of 2025

A.Bhuvaneshwari, ... Petitioner

Vs.

D.Kaliraj, ... Respondent

PRAYER :- Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.129 of 2024 on the file of the Subordinate Court, Kovilpatti and transfer the same to the file of Family Court, Tirunelveli.

For Petitioner : Mr.S.Suresh Manickam

For Respondent : No appearance

ORDER

This Transfer Civil Miscellaneous Petition is filed by the wife,

invoking Section 24 of the Code of Civil Procedure. 1908. She seeks withdrawal ofH.M.O.P.No.129 of 2024 from the file of Subordinate

1/6

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

TR CMP(MD). No.495 of 2025

Tirunelveli.

Court, Kovilpatti and transfer the same to the file of Family Court, Tirunelveli.

Heard Mr.S.Suresh Manickam, learned counsel for petitioner.

Petitioner married the respondent on 14.09.2020, according to

Hindu rites and customs. Out of wedlock, two female child was born. Due to differences, parties have separated. Respondent/husband initiated proceedings in H.M.O.P.No.129 of 2024 for divorce before Subordinate Court, Kovilpatti. Pleading that wife is residing in Tirunelveli and unable to travel from Tirunelveli to Kovilpatti, she has moved this transfer petition.

This Court had directed notice to be served on

respondent/husband, and the Court notice was duly served on 12.09.2025. On 04.09.2025, learned counsel for petitioner has filed proof of service both through Court and by private notice; however, there is no appearance on behalf of respondent/husband.

2/6

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

TR CMP(MD). No.495 of 2025

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 Tirunelveli and Kovilpatti is considerable and since it will be difficult for the wife to leave her two female child and travel to attend the Court, I am inclined to accept the transfer.

In view thereof, H.M.O.P. No.156 of 2024 pending on the file of Subordinate Court, Kovilpatti, is hereby ordered to be withdrawn and transferred to the file of Family Court, Tirunelveli. The Judge, Family Court, Tirunelveli, is directed to dispose of the aforementioned case as expeditiously as possible.

3/6

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

TR CMP(MD). No.495 of 2025

Family Court may not insist upon the physical presence of

husband on all hearing dates and permit him to appear through Video Conferencing. For non-essential and procedural hearings, he may be permitted to be represented through 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, this Transfer Civil Miscellaneous Petition is allowed. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

06.01.2026 Index : Yes/No Web : Yes/No Speaking / Non Speaking LS

TO

The Subordinate Court, Kovilpatti.

2.The Family Court, Tirunelveli

4/6

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

TR CMP(MD). No.495 of 2025

5/6

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

TR CMP(MD). No.495 of 2025

MOHAMMED SHAFFIQ,J.

LS

TR CMP(MD) No.495 of 2025

06.01.2026

6/6

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