A.Karthiga vs S.Hariharan
2025 Latest Caselaw 7752 Mad

Citation : 2025 Latest Caselaw 7752 Mad
Judgement Date : 13 October, 2025

Madras High Court

A.Karthiga vs S.Hariharan on 13 October, 2025

                                                                                            Tr.CMP.No.1048 of 2025
                                                                                         and C.M.P.No.23526 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED: 13.10.2025
                                                              CORAM:
                                  THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
                                                 Tr.CMP.No.1048 of 2025
                                                          and
                                                 C.M.P.No.23526 of 2025

                    A.Karthiga                                                               ... Petitioner

                                                                  Vs

                    S.Hariharan                                                            ... Respondent

                    Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the
                    CPC, to withdraw HMOP No.176 of 2025 pending before the Additional
                    Subordinate Court, Kumbakonam, and transfer the same and tried along with
                    HMOP. No.86 of 2024 to the file of the Principal Subordinate Court,
                    Coimbatore.


                                    For Petitioner        :        Mr.P.Saravana Sowmiyan
                                    For Respondent        :        Mr.G.Prabaharan


                                                              ORDER

This petition has been filed to withdraw HMOP No.176 of 2025 from

the file of the Additional Subordinate Court, Kumbakonam, and transfer the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 04:06:01 pm )

same to the file of the Principal Subordinate Court, Coimbatore, to try the

same along with H.M.O.P.No. 86 of 2024.

2. Heard the learned counsel on both sides.

3. The learned counsel appearing for the petitioner would submits that

the petitioner / wife filed an application for divorce in HMOP.No.86 of 2024

before the Principal Subordinate Court, Coimbatore, against which, the

respondent / husband also filed an application for divorce in HMOP.No.176

of 2025 before the Additional Subordinate Court, Kumbakonam, seeking for

restitution of conjugal rights making allegations and averments against the

petitioner. The learned counsel further would submit that in order to avoid

conflicting judgments, HMOP.No.176 of 2025, which is pending on the file

of Additional Subordinate Court, Kumbakonam, has been transferred to

Subordinate Court, Coimbatore, it will convenient for either parties. The

learned counsel further would submit that the petitioner is residing at

Coimbatore along with her old aged parents and also working in Indian Bank

at Coimbatore. The petitioner would not be able to travel to Kumbakonam for

https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 04:06:01 pm )

every hearing to attend the case, since the petitioner needs to travel 625 kms.

Therefore, the case in HMOP No.176 of 2025 may be withdrawn from the

file of the Additional Subordinate Court, Kumbakonam, and transferred to

the file of the Principal Subordinate Court, Coimbatore, to be tried along with

HMOP.No.86 of 2024.

4. Per contra, the learned counsel appearing for the

respondent/husband would submit that if the case has been transferred from

the Additional Subordinate Court, Kumbakonam to Principal Subordinate

Court, Coimbatore, it will cause serious prejudice to the respondent and

object to transfer the same. The learned counsel further would submit that the

petitioner / wife not chosen to appear before the Court below for each and

every hearing.

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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 04:06:01 pm )

(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 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,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 14/10/2025 04:06:01 pm )

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 Principal Subordinate Court,

Coimbatore, the respondent shall appear.

10. Accordingly, this transfer civil miscellaneous petition is allowed.

The case in HMOP.No.176 of 2025 is hereby withdrawn from the file of

the Additional Subordinate Court, Kumbakonam, and transferred to the file