S.Nithah, vs A.Naveen Raja,
- Court
- Madras High Court
TR CMP(MD) No. 443 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 07.10.2026
Pronounced on : 04.11.2026
CORAM
THE HON'BLE MR. JUSTICE P.VADAMALAI
TR CMP(MD)No. 443 of 2026
CNR:{HCMD011125312026}
AND
CMP(MD)No. 11733 of 2026
1.S.Nithah,
D/o.A.Sankaran,
No.107J/79/49-50,
2nd Street, Millerpuram,
Tuticorin - 628 008.
2.A.Sankaran,
No.107J/79/49-50,
2nd Street, Millerpuram,
Tuticorin – 628 008. ...Petitioners/Respondents
Vs
A.Naveen Raja,
S/o.S.Alagesan,
No.52, Lakshmi Garden,
Samiyarmedai Road,
Irugur,
Coimbatore - 641 103. ..,Respondent/Petitioner
PRAYER: This Transfer Civil Miscellaneous Petition filed under
Section 24 of the Civil Procedure Code to withdraw and transfer the case
in HMOP.No.789 of 2026 from the file of the Family Court, Madurai to
the file of the Family Court, Thoothukudi, for further adjudication of the
said case on merits.
For Petitioners : Mr.N.Mahesh Saravanan
For Respondent : Ms.G.K.Chithradevi
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TR CMP(MD) No. 443 of 2026
ORDER
This Transfer Civil Miscellaneous Petition is filed seeking for an
order to withdraw the H.M.O.P.No.789 of 2026 on the file of the Family
Court, Madurai and to transfer the same to the file of the Family Court,
Thoothukudi.
2. The 1st petitioner and the respondent are spouses. The marriage
between the 1st petitioner and the respondent was solemnized on
31.01.2025 at Madurai according to 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.789 of 2026 before the Family Court,
Madurai, against the petitioners for annulment of marriage and the same
is pending. Now, the petitioners filed the present petition for transfer of
the case from Madurai to Thoothukudi.
3. The learned counsel for the petitioners submitted that after
marriage, the respondent and his parents have been ignoring the
1st petitioner and the respondent used to say that he was forced to marry
her. The 1st petitioner was subjected to mental torture and harassment,
she was forced to leave the matrimonial home on 07.04.2025.
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TR CMP(MD) No. 443 of 2026
The 1st petitioner is now residing along with her parents. Her father was
also unnecessarily added by the respondent in his divorce petition.
The 1st petitioner has also filed a DVC case against the respondent and
the said case is pending in Thoothukudi Court. The petitioners find it very
difficult to travel 300 kms to and fro to attend the divorce case. Hence,
the petitioners filed the petition for transfer of the divorce petition to
Thoothukudi.
4. The learned counsel for the respondent filed a counter and
objected that the 1st petitioner suffers from mental illness and that she
left the matrimonial home 50 days after the marriage date. Now, the
respondent is working as an Assistant Engineer in Tamil Nadu PWD,
Coimbatore. His native place and the place where the marriage was
solemnized is Madurai. The respondent filed the petition for nullity and
annulment of the marriage, since the 1st petitioner was married while
suppressing her mental illness. The respondent is a physically challenged
person, and he has to travel for two days if the case is transferred to
Thoothukudi. Moreover, the proceedings in the DVC case filed by the
1st petitioner have been stayed by this Court. The respondent will face
much hardship and difficulty in case of transfer of the divorce petition.
Therefore, the petition has no merit and the same may be dismissed.
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TR CMP(MD) No. 443 of 2026
5. The submissions of both sides were considered.
The 1st petitioner and the respondent are spouses. Due to a
misunderstanding, they are living separately and in such circumstances,
the respondent filed the petition in HMOP.No.789 of 2026 on the file of
the Family Court, Madurai, for annulment of their marriage. The rival
contentions raised by both parties have to be adjudicated in the main
petition for nullity of marriage. Now, the 1st petitioner states that she is
residing in Thoothukudi along with her parents. It is also an admitted fact
that the 1st petitioner has filed a case in DVC.No.155 of 2026 before the
Judicial Magistrate No.1, Thoothukudi, against the respondent, and the
same is pending. Though the respondent claims that he is a physically
challenged person, a perusal of his disability certificate shows that the
respondent is suffering from hearing loss. The respondent has not denied
the fact that the 1st petitioner is now residing along with her parents in
Thoothukudi and also the pendency of the DVC case against him before
the Judicial Magistrate Court No.1 at Thoothukudi. The respondent is
bound to attend the DVC case, which is pending in Thoothukudi.
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
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TR CMP(MD) No. 443 of 2026
wife’s convenience shall be given preference. 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.789 of 2026 on the file of the Family Court,
Madurai to the Family Court, Thoothukudi.
7. In the result, this Transfer Civil Miscellaneous Petition is
allowed. The petition in H.M.O.P.No.789 of 2026 on the file of the
Family Court, Madurai, is hereby withdrawn and transferred to the file of
the Family Court, Thoothukudi 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.789 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.
04.11.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
VSD
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TR CMP(MD) No. 443 of 2026
To
1.The Family Court,
Madurai.
2.The Family Court,
Thoothukudi.
3.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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TR CMP(MD) No. 443 of 2026
P.VADAMALAI, J.
VSD
Pre - Delivery Order made in
TR CMP(MD) No. 443 of 2026
AND
CMP(MD)No.11733 of 2026
04.11.2026
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