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S.Devaki v. R.Prashanth

Madras HC9 Apr 2026TR CMP(MD)/77/2026

Case brief

AI extract

What is this about?

Transfer of matrimonial case under Section 24 CPC; wife's convenience principle; N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 Live Law (SC) 627; petition under Section 12 Hindu Marriage Act declaring marriage voidable; H.M.O.P.No.460 of 2025; transfer from Family Court, Theni to Family Court, Madurai; transmission of records within 10 days; dispensation of personal appearance; Madras High Court, Madurai Bench; K. Murali Shankar, J.; Tr.C.M.P(MD)No.77 of 2026.

What did the court decide?

Transfer of H.M.O.P.No.460 of 2025 from the Family Court, Theni to the Family Court, Madurai, with direction to transmit the entire records within 10 days; liberty to the respondent to seek dispensation of personal appearance and early disposal; connected Miscellaneous Petition (C.M.P(MD)No.1531 of 2026) closed; no costs. ¶34

S.Devaki Vs R.Prashanth — 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Whether H.M.O.P.No.460 of 2025 pending before the Family Court, Theni should be withdrawn and transferred to the Family Court, Madurai in view of the petitioner's convenience (residence at Madurai and difficulty of travel).

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Court's answer

Considering the facts and circumstances of the case and noting that the petitioner is residing at Madurai District, the Court was inclined to allow the transfer petition.

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Ratio / Principle

H.M.O.P.No.460 of 2025 is ordered to be withdrawn from the file of the Family Court, Theni and transferred to the Family Court, Madurai; the Family Court, Theni is directed to transmit the entire records within 10 days from receipt of a copy of the order, and the Family Court, Madurai is directed to take the petition on file and proceed in accordance with law.

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Key takeaways

The respondent is at liberty to move the Family Court, Madurai for dispensing with his personal appearance and for early disposal of H.M.O.P.No.460 of 2025; on such application the learned Judge is to consider it on merits and in accordance with law.ratio¶34

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC filed by the wife (S.Devaki) ALLOWED. The husband's petition (R.Prashanth) under Section 12 of the Hindu Marriage Act in H.M.O.P.No.460 of 2025, seeking declaration that the marriage (solemnized 16.07.2025) is voidable, pending before the Family Court, Theni, is withdrawn from that Court and transferred to the Family Court, Madurai. Relying on N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha, 2022 Live Law (SC) 627 (generally the wife's convenience must be looked at in matrimonial transfer petitions under Section 24 CPC), and noting the petitioner resides at Madurai District and finds travel to Theni difficult (the respondent's threat allegation being unsupported by any police complaint), the Court directed the Family Court, Theni to transmit the entire records to the Family Court, Madurai within 10 days; the respondent was granted liberty to seek dispensation of personal appearance and early disposal; connected C.M.P(MD)No.1531 of 2026 closed; no costs. Single Judge: K. Murali Shankar, J.; Madurai Bench of Madras High Court; dated 09.04.2026.

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Tr.C.M.P(MD).No.77 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.04.2026

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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Tr.C.M.P (MD).No.77 of 2026 and C.M.P(MD)No.1531 of 2026

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S.Devaki : Petitioner

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R.Prashanth : Respondent

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Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.460 of 2025 from the file of the Family Court, Theni, and transfer the same to the Family Court, Madurai.

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For Petitioner : Mr.B.Senthilkumar

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For Respondent : Mr.S.Vikram

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O R D E R

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The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H.M.O.P.No.460 of 2025 from the file of the Family Court, Theni, and transfer the same to the Family Court, Madurai.

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

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Tr.C.M.P(MD).No.77 of 2026

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It is evident from the records that the marriage between the parties was solemnized on 16.07.2025 as per Hindu Rites and customs and subsequently, there arose some misunderstanding between them and they are living separately.

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The learned counsel for the petitioner would submit that within a month of the marriage, the petitioner lodged a police complaint against the respondent and based on the averments in that complaint, the respondent filed a petition under Section 12 of Hindu Marriage Act in H.M.O.P.No.460 of 2025, seeking declaration that the marriage is voidable and the same is pending on the file of the Family Court, Theni.

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The learned counsel for the petitioner would submit that the petitioner is residing at Madurai and finds it very difficult to travel to Theni to attend all the hearings.

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The learned counsel for the respondent would submit that the respondent is facing threats from the petitioner’s family when appearing for hearings at Madurai. But, admittedly, the respondent has not preferred any police complaint.

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

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Tr.C.M.P(MD).No.77 of 2026

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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 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 facts and circumstances of the case and taking note

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of the fact that the petitioner is residing at Madurai District, this Court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.460 of

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

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Tr.C.M.P(MD).No.77 of 2026

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2025, is ordered to be withdrawn from the file of the Family Court, Theni and transfer the same to the Family Court, Madurai. The learned Judge, Family Court, Theni, is hereby directed to transmit the entire records in H.M.O.P.No.460 of 2025 to the file of the Family Court, Madurai, 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, Family Court, Madurai, is directed to take up the petition on file and proceed in accordance with law.

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With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. The respondent is at liberty to move the Family Court, Madurai for dispense with the personal appearance and early disposal of H.M.O.P.No.460 of 2025, and on such application, the learned Judge is directed to consider the same on merits and in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs.

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09.04.2026

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NCC : Yes/No Index : Yes/No Internet :Yes/No das

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

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