Suriya Praba, vs Deepan Chakravarthi,
- Court
- Madras High Court
TR CMP(MD) No. 421 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 05.10.2026
Pronounced on : 02.11.2026
CORAM
THE HON'BLE MR. JUSTICE P.VADAMALAI
TR CMP(MD) No. 421 of 2026
CNR:{HCMD011092732026}
AND
CMP(MD) No. 11192 of 2026
Suriya Praba,
W/o.Deepan Chakravarthi,
D/o.Viyathakumaran,
D.No.54, Venkateswara Nagar,
Periya Puthupattinam,
Keela Vasthasavadi,
Thanjavur Taluk and District. ...Petitioner/Respondent
Vs.
Deepan Chakravarthi,
S/o.Velayutham,
Door No.12/C, Middle Street,
Mangudi, Mangudi Post,
Thiruvarur Taluk and District. ...Respondent/Petitioner
PRAYER: This Transfer Civil Miscellaneous Petition filed under
Section 24 r/w 151 of the Civil Procedure Code to withdraw the case in
HMOP.No.105 of 2026 on the file of the Sub Court, Thiruvarur, and
transfer the same to the Family Court, Thanjavur.
For Petitioner : Mr.S.Prabha
For Respondent : Mr.N.Mohideen Basha
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TR CMP(MD) No. 421 of 2026
ORDER
This Transfer Civil Miscellaneous Petition is filed seeking for an
order to withdraw the H.M.O.P.No.105 of 2026 on the file of the Sub
Court, Thiruvarur and transfer the same to the file of the Family Court,
Thanjavur.
2. The petitioner is the wife of the respondent. Their marriage was
solemnized on 12.03.2020 as per the Hindu rites and customs. Out of
wedlock, they have been blessed with a female child. Due to a
misunderstanding, they are living separately. Thereafter, the respondent
has filed a petition in H.M.O.P.No.105 of 2026 before the Sub Court,
Thiruvarur, against the petitioner for divorce. The petitioner has also filed
the maintenance case in M.C.No.17 of 2026 before the Family Court,
Thanjavur. Now, the petitioner has filed the present petition seeking to
transfer the divorce case from Thiruvarur to Thanjavur.
3. The learned counsel for the petitioner has submitted that the
petitioner has been forced to leave the matrimonial home due to physical
and mental torture by the respondent and his family members.
The petitioner, along with her daughter is residing in her parental home at
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TR CMP(MD) No. 421 of 2026
Thanjavur. Her daughter is now aged 6 years and is studying in
1st standard in Thanjavur school. The petitioner has filed a maintenance
case against the respondent and the same is pending before the Family
Court, Thanjavur. The petitioner finds it very difficult to attend the
divorce case at Thiruvarur. Hence, she filed the petition for transfer of the
divorce petition to Thanjavur.
4. The learned counsel for the respondent filed a counter and
objected that the petitioner left the matrimonial home without any reason.
So the respondent filed HMOP.No.36 of 2024 before the Sub Court,
Thiruvarur, for restitution of conjugal rights. The said petition was
withdrawn by the respondent upon a threat from the petitioner’s parents,
as the petitioner’s father is a retired Inspector of Police and the mother is
working in the office of the Superintendent of Police, Thanjavur.
Thereafter, the respondent filed the present divorce petition.
The respondent sent a complaint to the Superintendent of Police,
Thanjavur regarding the criminal intimidation made by the petitioner’s
parents. The respondent apprehends a life threat at Thanjavur. So, he is
ready to pay the travel expenses to the petitioner for attending the case in
Thiruvarur. Therefore, the petition may be dismissed.
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TR CMP(MD) No. 421 of 2026
5. The submissions of both sides were considered. The petitioner
and the respondent are spouses and they were blessed with a female child
out of wedlock. There is no dispute that, due to a misunderstanding, they
are living separately. In such circumstances, the respondent filed the
petition in HMOP.No.105 of 2026 before the Sub Court, Thiruvarur, for
divorce, and the petitioner has filed the maintenance case in
M.C.No.17 of 2026 before the Family Court, Thanjavur. Now, the
petitioner states that she is residing in Thanjavur along with her parents
and her daughter is studying in 1st standard in Thanjavur. This fact was
not specifically denied by the respondent. Though the respondent
apprehends a threat made by the petitioner’s parents by sending a police
complaint, there is no material placed to show that any case was
registered upon any untoward incident committed against the respondent.
The petitioner is conducting a maintenance case in the Thanjavur Court.
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. 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
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TR CMP(MD) No. 421 of 2026
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.105 of 2026 on the file of the Sub Court,
Thiruvarur to the Family Court, Thanjavur.
7. In the result, this Transfer Civil Miscellaneous Petition is
allowed. The petition in H.M.O.P No.105 of 2026 on the file of the
Sub Court, Thiruvarur, is hereby withdrawn and transferred to the file of
the Family Court, Thanjavur for disposal in accordance with law.
The learned Subordinate Judge, Thiruvarur is directed to transmit the
entire records pertaining to the case in H.M.O.P.No.105 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.
02.11.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
VSD
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TR CMP(MD) No. 421 of 2026
To
1.The Sub Court,
Thiruvarur.
2.The Family Court,
Thanjavur.
3.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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TR CMP(MD) No. 421 of 2026
P.VADAMALAI, J.
VSD
Pre - Delivery Order made in
TR CMP(MD) No. 421 of 2026
AND
CMP(MD)No. 11192 of 2026
02.11.2026
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