Madras High Court
N.Ramya vs S.Senthilkumar Raja on 9 October, 2025
Tr.C.M.P.No.718 of 2024
and C.M.P.No.15643 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Tr.CMP.No.718 of 2024
and
C.M.P.No.15643 of 2024
N.Ramya,
W/o. S.Senthilkumar Raja,
No.2/65, Raja Street,
Karumbiyur, Alathambadi (Post),
Thiruthuraipoondi Taluk,
Thiruvarur District. ... Petitioner
Vs
S.Senthilkumar Raja,
S/o. Late S.K.Selvaraj,
KF, Ashray Apartments,
D.No.1D, Plot No.16,
Anusha Street, VGN
Shanthi Nagar, Ambattur,
Chennai – 600 053. ... Respondent
Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of
the CPC, to withdraw HMOP No.914 of 2023 pending before the
Subordinate Court, Ambattur and transfer the same to the file of the
Subordinate Court, Thiruthuraipoondi, Thiruvarur District.
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Tr.C.M.P.No.718 of 2024
and C.M.P.No.15643 of 2024
For Petitioner : Mr.K.Balasubramani
For Respondent : Mr.T.Muruganantham
ORDER
This petition has been filed to withdraw HMOP No.914 of
2023 from the file of the Subordinate Court, Ambattur, and to transfer the
same to the file of the Subordinate Court, Thiruthuraipoondi, Thiruvarur
District.
2. Heard the learned counsel on both sides.
3. The learned counsel appearing for the petitioner would
submit that the marriage between the petitioner and respondent was
solemnized on 09.11.2014 at Ettukudi Arulmighu Sri Subramaniya
Swamy Temple, Ettukudi, Nagapattinam District as per Hindu rites and
rituals. The respondent / husband has filed a divorce petition in
H.M.O.P.No.914 of 2023 before the Subordinate Court, Ambattur, on the
ground of cruelty. The learned counsel would further submit that due to
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wedlock a female child was born on 30.01.2016. She is presently aged 9
years old. The learned counsel would further submit that the petitioner is
facing difficult to travel all the way from Thiruthuraipoondi to Ambattur
which is 400 kms distance and that too only by bus which would take
more than 10 hours for one way travel and return to her native place.
4. Per contra, the learned counsel appearing for the respondent
would submit that if the case has been transferred from the Subordinate
Court, Ambattur to Subordinate Court, Thiruthuraipoondi, Thiruvarur
District, it will cause serious prejudice to the respondent and object to
transfer the same.
5. I have gone through the affidavit filed in support this
petition and I find merit in the submissions made by the learned counsel
for the petitioner.
6. At this juncture, it may be apposite to cite the judgment of
the Hon'ble Apex Court in N.C.V.Aishwarya vs. A.S.Saravana Karthik
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(MANU/SC/1211/2022 : 2022 Live Law (SC) 627) held at paras 9 and
10, which reads as under:-
"9. The cardinal principle for exercise of power
under section 24 of the Code of Civil Procedure is that the
ends of justice should demand the transfer of the suit,
appeal or other proceeding. In matrimonial matters,
wherever Courts are called upon to consider the plea of
transfer, the Courts have to take into consideration the
economic soundness of both the parties, the social strata of
the spouses and their behavioural pattern, their standard of
life prior to the marriage and subsequent thereto and the
circumstances of both the parties in eking out their
livelihood and under whose protective umbrella they are
seeking their sustenance to life. Given the prevailing socio-
economic paradigm in the Indian society, generally, it is the
wife's convenience which must be looked at while
considering transfer. (emphasis supplied)
10.Further, when two or more proceedings are pending in
different Courts between the same parties which raise
common question of fact and law, and when the decisions in
the cases are interdependent, it is desirable that they should
be tried together by the same Judge so as to avoid
multiplicity in trial of the same issues and conflict of
decisions”.
7. It is also relevant to refer the decision made by the Madurai
Bench of Madras High Court in TR.CMP(MD)No.108 of 2010 dated
03.03.2011, wherein, it has observed as below:-
''18.It is true that section 19 of the Hindu Marriage Act, has
been amended by insertion of proviso of (iii)(a) to section 19.
Of Course, this amended section 19(iii)(a) gives special
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preference to the wife to file a petition or defending the case of
the husband before the Court within whose jurisdiction she
resides. The intention of the legislator is to safe-guard the
interest and rights of the women, who are being subjected to
harassment and cruelty. But this special preference conferred
under section 19 (iii)(a) of the Hindu Marriage Act shall not
be used to wreck vengeance on the husband. There must be a
justifiable cause to select the jurisdiction of the Court where
she resides.''
8. In the light of the proposition laid down in the judgment of
the Hon'ble Supreme Court in N.C.V.Aishwarya case cited supra and
also in the light of the observation made by this Court, wherein, it has
been held that convenience of the wife has to be considered, while
transferring the case from one Court to another, there can be no
impediment for allowing this petition as prayed for.
9. The personal appearance of the respondent shall dispensed
with for the present as and when required by the Subordinate Court,
Thiruthuraipoondi, Thiruvarur District, the respondent shall appear.
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10. Accordingly, this Transfer Civil Miscellaneous Petition is
allowed. The case in H.M.O.P.No.914 of 2023 is hereby withdrawn from
the file of the Subordinate Court, Ambattur, and transferred to the file of
the Subordinate Court, Thiruthuraipoondi, Thiruvarur District. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
09.10.2025
mtl
Index : Yes/No
Speaking order : Yes/No
Neutral Case Citation : Yes/No
To
1. The Subordinate Court, Ambattur.
2. The Subordinate Court, Thiruthuraipoondi, Thiruvarur District.
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M. JOTHIRAMAN, J.
mtl
09.10.2025
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