Yuvarani, vs Sathish Kumar,
- Court
- Madras High Court
TR CMP(MD) No. 451 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 12.10.2026
Pronounced on : 03.11.2026
CORAM
THE HON'BLE MR. JUSTICE P.VADAMALAI
TR CMP(MD) No. 451 of 2026
CNR:{HCMD011206852026}
AND
CMP(MD) No. 12154 of 2026
Yuvarani,
D/o. Muruganandham,
No. 45, Dr. Radha Krishna Salai,
Sullivan Garden,
Mylapore,
Chennai – 600 004.
Now Residing at
Door No. 2/142-3, Annamalai Street,
Madurai Road, K.Sundaraeswarapuram,
Thoothukudi District. ...Petitioner
Vs.
Sathish Kumar,
S/o. Gunasekaran,
Aarbees Nest, MP Rajagopalan Street,
Puzhuthivakkam Main,
Madipakkam,
Chennai – 600 091. ..Respondent
PRAYER: This Transfer Civil Miscellaneous Petition filed under
Section 24 of Civil Procedure Code to withdraw the petition in
HMOP.No.186 of 2026 pending on the file of the Sub Court, Alandur,
Chengalpattu District and transfer the same to the Sub Court, Kovilpatti,
Thoothukudi District to be tried along with HMOP.No.162 of 2026.
For Petitioner : Mr.J.Gunaseelan Muthiah
For Respondent : Ms.Bharathi
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TR CMP(MD) No. 451 of 2026
ORDER
This Transfer Civil Miscellaneous Petition is filed seeking for an
order to withdraw the H.M.O.P.No.186 of 2026 on the file of Sub Court,
Alandur, Chengalpattu and to transfer the same to the file of the
Sub Court, Kovilpatti to try along with HMOP.No.162 of 2026.
2. The petitioner is the wife of the respondent. Their marriage was
solemnized on 16.09.2024 as per the Hindu rites and customs.
Due to a misunderstanding, they are living separately. Thereafter, the
respondent has filed a petition in H.M.O.P.No.186 of 2026 on the file of
the Sub Court, Alandur of Chengalpattu District against the petitioner for
divorce. The petitioner has also filed H.M.O.P.No.162 of 2026 before the
Sub Court, Kovilpatti, against the respondent for restitution of conjugal
rights. Now the petitioner has filed this present petition for transfer of
divorce case from Alandur to Kovilpatti Court.
3. The learned counsel for the petitioner has submitted that because
of the unacceptable conduct and behaviour of the respondent, the
petitioner has been constrained to leave the matrimonial home. Now, she
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TR CMP(MD) No. 451 of 2026
is residing with her parents at Kovilpatti. The petitioner has filed
HMOP.No.162 of 2026 on the file of the Sub Court, Kovilpatti, for
restitution of conjugal rights. The respondent has also filed
HMOP.No.265 of 2025 before the Sub Court, Alandur, against the
petitioner seeking for divorce without any prior notice, later, he withdrew
that petition and filed the present divorce petition before the Alandur
Sub Court with mala fide intention. The petitioner finds it very difficult to
attend the divorce case at Alandur as she has no means and she is
depending on her parents. Hence, the petitioner filed the present petition
for transfer of the divorce petition and the same may be allowed.
4. The learned counsel for the respondent filed a counter and
objected that the petitioner left the matrimonial home as per her wish
without any reason. The petitioner is working as an Accountant Executive
in a private concern in Adampakkam, Chennai and she is residing in a
hostel in Mylapore. She has falsely filed this petition for dragging the
proceedings. To harass the respondent, the petitioner has filed the
maintenance case and DV case against the respondent and his parents.
Therefore, the petition may be dismissed.
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TR CMP(MD) No. 451 of 2026
5. The learned counsel for the petitioner has replied that the
petitioner left the job and she is now jobless and is residing at
Vilathikulam. The petitioner has filed the maintenance case and DV Case
before the Judicial Magistrate Court, Vilathikulam.
6. The submissions of both sides were considered. The petitioner
and the respondent are spouses. There is no dispute that due to a
misunderstanding, they are living separately. In such circumstances, the
respondent filed the petition in HMOP.No.186 of 2026 before the
Sub Court, Alandur. The petitioner has filed the petition for restitution of
conjugal rights in HMOP.No.162 of 2026 before the Sub Court,
Kovilpatti. The petitioner has also filed the maintenance case in
M.C.No.5 of 2025 and D.V.O.P.No.6 of 2025 and they are pending
before the Judicial Magistrate Court, Vilathikulam. This fact is not denied
by the respondent. Moreover, the respondent has not denied the averment
made by the petitioner that the respondent filed HMOP.No.265 of 2025
before the Sub Court, Kovilpatti and later, he withdrew the same.
7. The respondent has to appear before the Judicial Magistrate
Court, Vilathikulam for attending the maintenance case and DV Case.
The petitioner’s submission that she left the job and now she is jobless is
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TR CMP(MD) No. 451 of 2026
not specifically denied by the respondent. The respondent has also
mentioned the Vilathikulam address of the petitioner in his divorce
petition. So, the petitioner is now residing in Vilathikulam Taluk. It is a
well settled proposition of law by the Hon’ble Supreme Court that
whenever a 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.
8. Therefore, considering the above facts and circumstances and
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 petition filed by the wife is to be allowed and this
Court is inclined to transfer the H.M.O.P.No.186 of 2026 on the file of
the Sub Court, Alandur to the Sub Court, Kovilpatti to try along with
HMOP No.162 of 2026.
9. In the result, this Transfer Civil Miscellaneous Petition is
allowed. The petition in H.M.O.P.No.186 of 2026 on the file of the Sub
Court, Alandur, Chengalpattu District, is hereby withdrawn and
transferred to the file of the Sub Court, Kovilpatti, for disposal along with
HMOP.No.162 of 2026 in accordance with law. The learned Subordinate
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TR CMP(MD) No. 451 of 2026
Judge, Alandur, is directed to transmit the entire records pertaining to the
case in H.M.O.P.No.186 of 2026 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 Petition is closed.
03.11.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VSD
To
1.The Sub Court,
Alandur,
Chengalpattu District.
2.The Sub Court,
Kovilpatti.
3.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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TR CMP(MD) No. 451 of 2026
P.VADAMALAI, J.
VSD
Pre - Delivery Order made in
TR CMP(MD) No. 451 of 2026
AND
CMP(MD) No. 12154 of 2026
03.11.2026
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