Amuthapriya, vs Murugesan,
- Court
- Madras High Court
TR CMP(MD) No. 344 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 07.10.2026
Pronounced on : 02.11.2026
CORAM
THE HON'BLE MR. JUSTICE P.VADAMALAI
TR CMP(MD) No. 344 of 2026
CNR:{HCMD010913322026}
AND
CMP(MD) No. 8837 of 2026
Amuthapriya,
D/o. Sankaran,
S.N.R. School Opposite,
Amma Nagar, Sankarankoil,
Sankarankoil Circle,
Tenkasi District - 627 756. ...Petitioner/Respondent
Vs.
Murugesan,
S/o. Isaki,
D.No.302, NSK Street,
Pethaniyapuram,
Arasaradi, Madurai West,
Madurai District – 625 016. ...Respondent/Petitioner
PRAYER: This Transfer Civil Miscellaneous Petition is filed under
Section 24 of the Civil Procedure Code to withdraw H.M.O.P.No.551 of
2023 from the file of the Family Court, Madurai and transfer the same to
the file of the Sub Court, Sankarankovil.
For Petitioner : Ms.S.Vinitha
For Respondent : Mr.R.Venkateshwaran
ORDER
This Transfer Civil Miscellaneous Petition is filed seeking for an
order to withdraw the H.M.O.P.No.551 of 2023 on the file of the Family
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TR CMP(MD) No. 344 of 2026
Court, Madurai and to transfer the same to the file of the Sub Court,
Sankarankovil.
2. The petitioner is the wife of the respondent. The marriage
between the petitioner and the respondent took place on 13.11.2005 at
Madurai as per the Hindu rites and customs. Out of wedlock, they have
been blessed with two male children. Due to misunderstanding, they are
living separately. Thereafter, the respondent has filed a petition in
H.M.P.No.551 of 2023 on the file of the Family Court, Madurai, against
the petitioner for divorce. Now, the petitioner has filed the present
petition for transfer of the divorce case from Madurai to Sankarankovil.
3. The learned counsel for the petitioner has submitted that after
having begotten two children, the respondent made a false accusation
against the petitioner and also harassed the petitioner by demanding
assets and dowry, which resulted in the petitioner being forced to leave
the matrimonial home. The respondent has filed the divorce petition
before the Family Court, Madurai, by stating false averments. As the
petitioner apprehended a threat at the hands of the respondent, the
petitioner has lodged a police complaint before the Karimedu Police
Station and left Madurai to Sankarankovil. Now, the petitioner is residing
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TR CMP(MD) No. 344 of 2026
along with her children in her parental home situated in Sankarankovil.
The petitioner is not fit to travel to Madurai for every hearing, and she
finds it very difficult to attend the divorce case at Madurai. The Hon’ble
Supreme Court has settled that the convenience of the women has to be
given priority while dealing with transfer applications by relying on a
ruling reported in 2008 (9) SCC 353, Arti Rani @ Pinki Devi & Anr vs.
Dharmendra Kumar Gupta . Hence, the petitioner filed the present
petition for transfer of the divorce petition to Sankarankovil.
4. The learned counsel for the respondent filed a counter and an
additional counter objecting to the transfer of the petition. The learned
counsel submitted that the petitioner has been attending the case at
Madurai for more than 4 years and the divorce case is posted for
respondent/wife side evidence. The petitioner was residing in Madurai as
she lodged a police complaint stating that she is residing in her own
house situated in Madurai. The respondent has filed the additional typed
set of papers along with copies of complaints dated 16.06.2023 and
20.06.2023 lodged by the petitioner before the Inspector of Police,
Karimedu police station. There is no life threat as stated by the petitioner.
The petitioner has filed this petition only to drag the main case
proceedings. Therefore, the petition may be dismissed.
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TR CMP(MD) No. 344 of 2026
5. The submissions of both sides were considered. The respondent
and the petitioner are husband and wife. Their marriage took place on
13.11.2005. They were blessed with two male children out of wedlock.
After joint living for more than 15 years, there arose a misunderstanding
between them, now they are living separately. In such circumstances, the
respondent filed the petition in HMOP.No.551 of 2023 on the file of the
Family Court, Madurai. Though the respondent stated that the petitioner
was conducting the case for 4 years, and as she has a house in Madurai,
from a perusal of cause title of the divorce petition shows that the
respondent mentioned only the Sankarankovil address of the petitioner.
So, the petitioner is residing in Sankarankovil. Now, the petitioner states
that she is unable to travel from Sankarankovil to Madurai as she is
residing along with her two male children.
6. 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. The petitioner sought
transfer of case to the Sub Court, Sankarankovil. Hence, the physical
appearance of the respondent is not necessary in all hearings unlike in
Family Courts. The case is pending for adducing evidence only.
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TR CMP(MD) No. 344 of 2026
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 the 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.551 of 2023 on the file of the Family
Court, Madurai to the Sub Court, Sankarankovil.
7. In the result, this Transfer Civil Miscellaneous Petition is
allowed. The petition in H.M.O.P.No.551 of 2023 on the file of the
Family Court, Madurai is hereby withdrawn and transferred to the file of
the Sub Court, Sankarankovil for disposal in accordance with law.
The learned Judge, Family Court, Madurai is directed to transmit the
entire records pertaining to the case in H.M.O.P.No.551 of 2023 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.
02.11.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
VSD
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TR CMP(MD) No. 344 of 2026
To
1.The Family Court,
Madurai.
2.The Sub Court,
Sankarankovil.
3.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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TR CMP(MD) No. 344 of 2026
P.VADAMALAI, J.
VSD
Pre - Delivery Order made in
TR CMP(MD) No. 344 of 2026
AND
CMP(MD) No. 8837 of 2026
02.11.2026
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