Allowed¶32

S.Muthamil Selvi v. M.Senthil Kumar

Madras HC27 Jan 2026TR CMP(MD)/560/2025

Case brief

AI extract

What is this about?

Transfer petition; Section 24 CPC; wife's convenience precedence; Section 19(iii) Hindu Marriage Act; restitution of conjugal rights; H.M.O.P.No.1497 of 2025; O.P.No.119 of 2025 annulment; transfer from Principal Family Court Chennai to Sub Court Uthamapalayam Theni District; minor son; aged parents; six-month disposal direction; Madras High Court Madurai Bench; TR.CMP(MD)No.560 of 2025; C.M.P.(MD)No.15412 of 2025; Justice Mohammed Shaffiq; 27.01.2026.

What did the court decide?

Withdrawal and transfer of H.M.O.P.No.1497 of 2025 from the Principal Family Court, Chennai to the Sub Court, Uthamapalayam, Theni District, with a direction to dispose of it expeditiously, preferably within six months; no order as to costs; connected Miscellaneous Petition (C.M.P.(MD)No.15412 of 2025) closed. ¶32

S.Muthamil Selvi Vs M.Senthil Kumar — Matrimonial and Divorce | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.1497 of 2025 (restitution of conjugal rights proceedings initiated by the respondent-husband before the Principal Family Court, Chennai) should be withdrawn from that Court and transferred to the Sub Court, Uthamapalayam, Theni District, where the petitioner-wife resides.

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Court's answer

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

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Ratio / Principle

Because the distance between Uthamapalayam Taluk, Theni District and Chennai is considerable and it will be difficult for the wife to leave her minor son behind and travel to attend Court, the transfer petition was allowed as prayed for.

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Key takeaways

HMOP No.1497 of 2025 pending on the file of the Principal Family Court, Chennai is ordered to be withdrawn and transferred to the file of the Sub Court, Uthamapalayam, Theni District.ratio¶31
The Sub Court, Uthamapalayam, Theni District is directed to dispose of the transferred case expeditiously, preferably within a period of six months.ratio¶31
The Transfer Petition is allowed; there is no order as to costs; consequently, the connected Miscellaneous Petition is closed.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), per Mohammed Shaffiq J., allowed a wife's transfer petition filed under Section 24 of CPC (TR.CMP(MD)No.560 of 2025, decided 27.01.2026). The respondent-husband had instituted H.M.O.P.No.1497 of 2025 seeking restitution of conjugal rights before the Principal Family Court, Chennai, while the petitioner-wife, residing at Uthamapalayam Taluk, Theni District with her aged parents and a minor son (studying in 7th Standard), had herself filed O.P.No.119 of 2025 seeking annulment of the marriage before the Sub Court, Uthamapalayam. Grounding its decision on Parliament's incorporation of Section 19(iii) of the Hindu Marriage Act - permitting a wife to initiate proceedings where she resides - and the settled position that in transfer matters the wife's convenience takes precedence over the husband's, the Court found the Chennai-to-Theni distance considerable and the travel burdensome for the wife with her minor child. Accordingly, HMOP No.1497 of 2025 was withdrawn from the Principal Family Court, Chennai and transferred to the Sub Court, Uthamapalayam, Theni District, with a direction to dispose of the case expeditiously, preferably within six months; no costs were imposed and the connected Miscellaneous Petition was closed. The petition was decided effectively ex parte: notice (ordered on 23.09.2025) was duly served and proof filed, but the respondent made no appearance.

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TR.CMP(MD)No.560 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 27.01.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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TR.CMP(MD)No.560 of 2025 and C.M.P.(MD)No.15412 of 2025

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S.Muthamil Selvi ...Petitioner

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M.Senthil Kumar ...Respondent

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Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw the case in H.M.O.P.No.1497 of 2025, pending on the file of the Principal Family Court, Chennai and to transfer the same to the Sub Court, Uthamapalayam, Theni District.

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For Petitioner : Mr.T.Pradeep For Respondent : No Appearance

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ORDER

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This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.1497 of 2025 from the file of Principal Family

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Court, Chennai and transfer the same to Sub Court, Uthamapalayam, Theni

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District.

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

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TR.CMP(MD)No.560 of 2025

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Heard Mr.T.Pradeep, learned Counsel for Petitioner.

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This Court, vide order dated 23.09.2025, directed notice to be

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served on the Respondent/Husband. The Court notice was duly served and proof of service was filed by learned Counsel for Petitioner. Today, when the matter came up for hearing, though the Respondent's name was printed in the cause list, there was no appearance on his behalf.

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The marriage between Petitioner and Respondent was solemnized on 10.07.2011, according to Hindu rites and customs and out of wedlock, a male child was born in the year 2014. Due to difference of opinion, parties have separated. Petitioner filed O.P.No.119 of 2025 on the file Sub Court, Uthamapalayam, Theni District seeking annulment of the marriage solemnized between Petitioner and Respondent. In the meantime, Respondent/husband initiated proceedings in H.M.O.P.No.1497 of 2025 seeking restitution of conjugal rights before Principal Family Court, Chennai . Pleading that wife is residing in Uthamapalayam Taluk, Theni District and unable to travel from Uthamapalayam Taluk, Theni District to Chennai, she has moved this transfer petition.

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

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TR.CMP(MD)No.560 of 2025

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Learned Counsel for the Petitioner would submit that Petitioner has to be accompanied by her aged parents, who suffers from age related ailments, and that, as a woman with a minor son studying in 7th Standard, it is difficult for her to attend hearings at the Principal Family Court, Chennai. He would therefore request this Court to transfer the case from the Principal Family Court, Chennai, to the Sub Court, Uthamapalayam, Theni District.

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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 Uthamapalayam Taluk, Theni District and Chennai is considerable and since it will be difficult for the wife to leave the minor son behind and travel to attend the Court, I am inclined to allow the petition seeking transfer as prayed for.

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

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TR.CMP(MD)No.560 of 2025

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In view thereof, HMOP No.1497 of 2025 pending on the file of Principal Family Court, Chennai is hereby ordered to be withdrawn and transferred to the file of Sub Court, Uthamapalayam, Theni District . The Sub Court, Uthamapalayam, Theni District, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.

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With the above observations, the Transfer Petition is allowed . There is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

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27.01.2026

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Index:Yes/No Web:Yes/No Speaking/Non Speaking Nsr

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To:

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1 .The Principal Family Court, Chennai.

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