Madras HC Moves Husband’s Divorce Case to Thanjavur, Where Wife Lives With Their 6-Year-Old Daughter

The respondent-husband filed H.M.O.P. No. 105 of 2026 for divorce before the Sub Court, Thiruvarur.

The petitioner-wife, who was residing with the parties’ six-year-old daughter in Thanjavur, sought transfer of the divorce petition to the Family Court, Thanjavur, where her maintenance case was pending.

The husband opposed transfer, alleging that the wife had left the matrimonial home without cause and that he feared a threat from her parents in Thanjavur; he offered to pay her travel expenses.

The wife brought this transfer petition under Section 24 read with Section 151 CPC.

The Court considered its transfer power under Section 24 read with Section 151 of the Code of Civil Procedure.

It applied the settled principle that, in transfer petitions arising from matrimonial disputes, the wife’s convenience should receive predominant consideration. The judgment refers to this as a settled principle of the Supreme Court but does not identify a specific precedent.

The wife was residing in Thanjavur with the parties’ young daughter, who attended school there, and her maintenance case was already pending before the Family Court, Thanjavur.

The husband did not specifically deny the wife’s residence and the child’s schooling.

Although he relied on an apprehension of threats and a police complaint, he produced no material showing that a case had been registered following any incident against him.

Applying the principle favouring the wife’s convenience in matrimonial transfers, the Court found transfer appropriate.

The Sub Court was directed to transmit the records within two weeks of receiving the order.

No costs were awarded, and the connected CMP was closed.