Jobless Wife In Vilathikulam Gets Husband’s Divorce Case Moved From Alandur To Kovilpatti, Madras HC Cites Her Convenience

The respondent-husband filed H.M.O.P. No. 186 of 2026 for divorce before the Sub Court, Alandur.

The petitioner-wife filed H.M.O.P. No. 162 of 2026 for restitution of conjugal rights before the Sub Court, Kovilpatti, and sought transfer of the divorce petition to Kovilpatti for joint disposal.

She said she had left her job, was dependent on her parents, and could not conveniently attend proceedings at Alandur; the respondent opposed transfer, alleging that she was employed in Chennai and that the petition was intended to delay proceedings.

The court noted that maintenance and domestic-violence proceedings were pending before the Judicial Magistrate Court, Vilathikulam, and that the respondent had not specifically denied the wife’s assertion that she was unemployed and residing in Vilathikulam.

Section 24 of the Code of Civil Procedure empowers the High Court to withdraw and transfer proceedings.

In matrimonial transfer matters, the court applied the principle—described as settled Supreme Court law—that the wife’s convenience should receive predominant consideration.

No specific precedent was identified in the order.

The court considered that the wife’s unemployment and residence in Vilathikulam had not been specifically denied, and that related maintenance and domestic-violence proceedings were pending there.

Applying the principle that the wife’s convenience should be given preference in matrimonial transfer matters, and noting the restitution petition already pending at Kovilpatti, the court found transfer appropriate so the proceedings could be tried together.

H.M.O.P. No. 186 of 2026 was withdrawn from the Sub Court, Alandur, and transferred to the Sub Court, Kovilpatti, for disposal along with H.M.O.P. No. 162 of 2026.

The Alandur court was directed to transmit the records within two weeks of receiving the order; there was no order as to costs, and the connected civil miscellaneous petition was closed.