Madras High Court
Priyanka vs Varun Adityan on 9 October, 2025
Tr.C.M.P.No.988 of 2025
and C.M.P.No.22261 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Tr.CMP.No.988 of 2025
and
C.M.P.No.22261 of 2025
Priyanka ... Petitioner
Vs
Varun Adityan ... Respondent
Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of
the CPC, to withdraw HMOP No.149 of 2025 pending before the
Subordinate Court, Alandhur and transfer the same to the file of the
Family Court, Coimbatore.
For Petitioner : Mr.K.Myilsamy
For Respondent : No appearance
ORDER
This petition has been filed to withdraw HMOP No.149 of
2025 from the file of the Subordinate Court, Alandhur, and to transfer the
same to the file of the Family Court, Coimbatore.
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2. Heard the learned counsel appearing for the petitioner.
3. There is no representation for the respondent.
4. The learned counsel appearing for the petitioner would
submit that the petitioner got married to the respondent on 23.02.2023 at
Sindu Sadan, West R.S.Puram, Coimbatore as per Hindu Rites and
Rituals. The respondent / husband filed H.M.O.P.No.149 of 2025 before
the Subordinate Court, Alandhur, seeking divorce on the ground of
cruelty. The petitioner is residing at Coimbatore along with her old aged
parents. The petitioner entirely depends upon her parents. The petitioner
did not have any source of income and it is very difficult for the petitioner
to travel from Coimbatore to Aladhur for attending each and every
hearing of the case. Therefore, the case in H.M.O.P.No.149 of 2025 may
be withdrawn from the file of the Subordinate Court, Alandhur and
transferred to the file of Family Court, Coimbatore.
5. I have gone through the affidavit filed in support this petition
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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
(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”.
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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
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. Accordingly, this Transfer Civil Miscellaneous Petition is
allowed. The case in H.M.O.P.No.149 of 2025 is hereby withdrawn from
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the file of the Subordinate Court, Alandhur, and transferred to the file of
the Family Court, Coimbatore. 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, Alandhur.
2. The Family Court, Coimbatore.
M. JOTHIRAMAN, J.
mtl
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09.10.2025
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