V.Deekshitha, vs R.Aravinth,
- Court
- Madras High Court
TR CMP(MD) No. 387 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 13.10.2026
Pronounced on : 12.11.2026
CORAM
THE HON'BLE MR. JUSTICE P.VADAMALAI
TR CMP(MD)No. 387 of 2026
CNR:{HCMD010971412026}
and
TR CMP(MD)No.390 of 2026
and
CMP(MD)Nos.10087 and 10227 of 2026
V.Deekshitha,
D/o.Venkateswaran,
D.No.55, Balaji Street,
East Alagappan Nagar,
Palaganatham,
Madurai. ...Petitioner in both Tr.CMPs
Vs.
R.Aravinth,
S/o.B.Renganathan,
D.No.165/2,
Thiruvalluvar Street,
Chinnathirupathi,
Salem. ...Respondent in both Tr.CMPs
PRAYER in TR.CMP(MD)No.387 of 2026: This Transfer Civil
Miscellaneous Petition is filed under Section 24 of the Civil Procedure
Code, to withdraw the HMOP.No.1352 of 2024 pending on the file of the
Family Court, Coimbatore and to transfer the same to the Family Court,
Madurai or any other Court for disposal of the same on merits in
accordance with law.
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TR CMP(MD) No. 387 of 2026
PRAYER in TR.CMP(MD)No.390 of 2026: This Transfer Civil
Miscellaneous Petition is filed under Section 24 of the Civil Procedure
Code, to withdraw the HMOP.No.330 of 2025 pending on the file of the
Family Court, Coimbatore and to transfer the same to the Family Court,
Madurai or any other Court for disposal of the same on merits in
accordance with law.
In Both Petitions:-
For Petitioner :Ms.R.Affrin Fatima
for M/s.Ajmal Associates
For Respondent :Mr.E.Mathan Kumar
for Mr.GR.Balakumar
COMMON ORDER
The Transfer Civil Miscellaneous Petition in Tr.CMP(MD)No.387
of 2026 is filed seeking for an order to withdraw the HMOP.No.1352 of
2024 on the file of the Family Court, Coimbatore to the file of the Family
Court, Madurai.
1.1 The Transfer Civil Miscellaneous Petition in
Tr.CMP(MD)No.390 of 2026 is filed seeking for an order to withdraw the
HMOP.No.330 of 2025 on the file of the Family Court, Coimbatore to the
file of the Family Court, Madurai.
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TR CMP(MD) No. 387 of 2026
2. Both petitions have been taken up for hearing since the parties
are one and the same.
3. The petitioner is the wife of the respondent in both petitions.
Their marriage was solemnized on 09.07.2023 at Salem as per Hindu rites
and customs. Out of wedlock, they have no child. Due to a
misunderstanding that arose between them, they are now living
separately. The petitioner has filed HMOP.No.1352 of 2024 on the file of
the Additional Principal Family Court, Coimbatore against the respondent
for divorce. In turn, the respondent has also filed the petition in
HMOP.No.330 of 2025 on the file of the Additional Principal Family
Court, Coimbatore, against the petitioner for divorce. Now, the
petitioner/wife has filed these petitions seeking transfer.
4. The learned counsel for the petitioner has submitted that after
marriage, the respondent and his family members have been continuously
ill-treating, harassing and ignoring the petitioner while living in the
matrimonial home, and finally the respondent deserted the petitioner.
So, the petitioner was forced to leave the matrimonial home and was
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TR CMP(MD) No. 387 of 2026
residing along with her parents at Coimbatore, where her father was
working. The petitioner has filed DVC.No.98 of 2024 on the file of the
Special Court, Coimbatore against the respondent. She has also filed
HMOP.No.1352 of 2024 on the file of the Additional Principal Family
Court, Coimbatore against the respondent for divorce. As a counterblast,
the respondent has filed HMOP.No.484 of 2024 before the Family Court,
Salem against the petitioner seeking for divorce. Since the petitioner was
residing in Coimbatore, she filed Tr.C.M.P.No.1367 of 2024 before the
Principal Seat of Madras High Court to transfer the HMOP.No.484 of
2024 from the Family Court, Salem to the Family Court, Coimbatore.
The said Tr.CMP.No.1367 of 2024 was allowed, and HMOP.No.484 of
2024 on the file of the Family Court, Salem was transferred to the
Additional Principal Family Court, Coimbatore and the same was
renumbered as HMOP.No.330 of 2025. The petitioner’s father retired
from service, and due to financial constraints, they have shifted their
family to their own residential house situated in their native place,
Madurai. Now, the petitioner is living in Madurai. Her father is not well
due to his old age. The petitioner finds it very difficult to travel to
Coimbatore along with her aged father for attending the cases. The
Hon’ble Apex Court has well settled the position that whenever transfer
applications are filed relating to matrimonial cases, the convenience of
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the wife has to be given much importance. There is also no bar in filing a
second application seeking for transfer. Hence, the petitions may be
allowed.
5 . In support of his submissions, the learned counsel for the
petitioner has relied on the following orders of the Hon’ble Supreme
Court and of this Court.
(i) 2022 SCC Online SC 1199 in the case of
N.C.V.Aishwarya /v/ A.S.Saravana Karthik Sha.
(ii) Order of this Court passed in
Tr.C.M.P(MD)No.625 of 2024 in the case of
N.V.Sabitha /v/ T.P.Vigneshwaran dated
12.03.2025
(iii) Order of the High Court, Madras
passed in Tr.C.M.P.Nos.119, 123 and 378 of 2025 in
the case of D.Preethi /v/ S.Deenadayalan dated
25.06.2025.
6. Per contra, the learned counsel for the respondent has submitted
that both parties have filed the petitions for divorce. Already at the
instance of the petitioner, the HMOP.No.484 of 2024 on the file of the
Family Court, Salem, filed by the respondent was transferred to the
Additional Principal Family Court, Coimbatore, by the Principal Seat of
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this Court in its order dated 21.12.2024 passed in Tr.CMP.No.1367 of
2024. Again, the petitioner has filed these petitions to transfer the cases to
Madurai Family Court only in order to harass the respondent.
Both petitions are filed for divorce on the ground of cruelty. Out of
wedlock, they have no children. The petitioner also having sufficient
means. So, the cases may be transferred to the middle place.
7. The submissions of both sides and citations were considered.
The petitioner and the respondent are husband and wife and out of
wedlock, they have no child. Upon misunderstanding, they are living
separately. Of course, both petitions have been filed for seeking divorce
on the ground of cruelty by alleging rival contentions, but the said
contentions cannot be discussed in these transfer petitions. There is no
dispute that the petitioner has already approached the Principal Seat of
this Court by way of filing Tr.C.M.P.No.1367 of 2024 for transfer of
H.M.O.P.No.484 of 2024 on the file of the Family Court, Salem to the
Family Court, Coimbatore while she was residing in Coimbatore along
with her parents. Now, the petitioner states that her father retired from
service and settled in Madurai, which is their native place and the
petitioner is residing at present in Madurai. As rightly submitted by the
learned counsel for the petitioner, there is no bar for filing transfer
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applications with a prayer for transfer of matrimonial cases in view of the
order passed by the Principal Seat of this Court in Tr.CMP.No.1367 of
2024 dated 21.12.2024.
8. It is well settled proposition of the Hon’ble Apex Court that
whenever the transfer petition is filed in matrimonial disputes, the
convenience of the wife should be predominantly looked into and the
wife’s convenience shall be given preference. The respondent has not
denied the present residence of the petitioner at Madurai along with her
parents. The petitioner has also stated that her father is not well and she
finds it very difficult to travel from Madurai to Coimbatore.
The submission of the respondent’s counsel for transferring the main
cases to the middle place will not serve any purpose, but it will lead
hardship to both parties. Therefore, taking note of the settled position of
the convenience of the wife in matrimonial cases and also submissions of
both sides, this Court is of the view that the present petitions filed by the
wife are to be allowed and this Court is inclined to transfer the
H.M.O.P.Nos.1352 of 2024 and 330 of 2025 on the file of the Family
Court, Coimbatore to the Family Court, Madurai.
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9. In the result, the Transfer Civil Miscellaneous Petitions in
Tr.CMP(MD)Nos.387 and 390 of 2026 are allowed. The petitions in
H.M.O.P.Nos.1352 of 2024 and 330 of 2025 on the file of the Family
Court, Coimbatore are hereby withdrawn and transferred to the Family
Court, Madurai for disposal in accordance with law. The learned Judge,
Family Court, Coimbatore is directed to transmit the entire records
pertaining to the cases in H.M.O.P.Nos.1352 of 2024 and 330 of 2025 to
the transferee Court, within a period of two weeks from the date of
receipt of a copy of this order. No costs. Consequently, the connected
Civil Miscellaneous Petitions are closed.
12.11.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VSD
To
1.The Family Court,
Coimbatore.
2.The Family Court,
Madurai.
3.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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TR CMP(MD) No. 387 of 2026
P.VADAMALAI, J.
VSD
Order made in
TR CMP(MD) Nos. 387 and 390 of 2026
12.11.2026
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