Madras HC Moves Husband’s Marriage-Annulment Case To Thoothukudi, Where Wife’s Domestic-Violence Case Against Him Is Pending

The first petitioner and the respondent are spouses.

The respondent filed H.M.O.P. No. 789 of 2026 before the Family Court, Madurai, seeking annulment of their marriage.

The petitioners sought transfer of that proceeding to the Family Court, Thoothukudi, stating that the first petitioner resides there with her parents and would face difficulty travelling approximately 300 kilometres to attend the case.

She had also filed D.V.C. No. 155 of 2026 against the respondent before the Judicial Magistrate No. 1, Thoothukudi.

The respondent opposed transfer, citing his hearing loss and the hardship of travelling to Thoothukudi.

Section 24 of the Code of Civil Procedure empowers the High Court to transfer a proceeding between courts as appropriate.

The Court applied the settled principle that, in transfer petitions involving matrimonial disputes, the wife’s convenience should be given predominant consideration.

The Court found that the first petitioner resided with her parents in Thoothukudi and that her domestic violence case against the respondent was pending there.

It also noted that the respondent was required to attend that proceeding.

Although he claimed to be physically challenged, the disability certificate showed that he suffered from hearing loss.

Weighing these circumstances and the wife’s stated difficulty in travelling to Madurai, the Court concluded that her convenience favoured transfer.

The Family Court, Madurai, was directed to transmit the records within two weeks of receiving the order.

No costs were awarded, and the connected civil miscellaneous petition was closed.