Mrs.R.Vanitha vs Mr.T.Senthil Kumar
2025 Latest Caselaw 7856 Mad

Citation : 2025 Latest Caselaw 7856 Mad
Judgement Date : 15 October, 2025

Madras High Court

Mrs.R.Vanitha vs Mr.T.Senthil Kumar on 15 October, 2025

                                                               Tr.CMP.No.1019 of 2025 and C.M.P.No.22883 of 2025



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                      DATED: 15.10.2025
                                                               CORAM:
                                  THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
                                                  Tr.CMP.No.1019 of 2025
                                                           and
                                                  C.M.P.No.22883 of 2025

                    Mrs.R.Vanitha                                                         ... Petitioner / Appellant

                                                                Versus

                    Mr.T.Senthil Kumar                                               ... Respondent / Respondent


                    Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the
                    CPC, to withdraw and transfer the CMA(HMA).No.19 of 2023, on the file of
                    Principal District Court, Chengalpet and transfer the same to the appropriate
                    Court at Thiruchirapalli.

                                    For Petitioner         :        Mr.D.Baskar
                                    For Respondent         :        No appearance

                                                               ORDER

The wife has filed the present transfer petition seeking to transfer

CMA(HMA).No.19 of 2023, pending on the file of Principal District Court,

Chengalpet, to the file of the Principal District Court, Tiruchirappalli.

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2. The learned counsel for the petitioner / wife submits that the

marriage between the petitioner and the respondent was solemnized on

23.11.2012. The respondent / husband filed H.M.O.P.No.704 of 2018 on the

file of the Sub Court, Tambaram, on the ground of cruelty, and the same was

allowed on 12.04.2023. Aggrieved over the same, the petitioner / wife has

filed an appeal before the Principal District Court, Chengalpet. The

petitioner is residing with her parents at Trichy and is not employed. The

distance between Trichy and Chengalpet is approximately 300 Kilometers,

from her residence. The petitioner has to travel nearly six hours for each

hearing, and it is extremely difficult for her to undertake such a long journey

alone frequently.

3. Despite service of notice in the above transfer petition, the

respondent has neither chosen to appear in person nor through counsel. The

name of the respondent is also printed in the cause list. Hence, the

respondent was called absent and set ex-parte.

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4. I have gone through the affidavit filed in support this petition and

I find merit in the submissions made by the learned counsel appearing for the

petitioner.

5. 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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6. 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.''

7. 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.