Madras High Court

P.Subashini vs P.Palaniappan on 22 October, 2025

                                                              Tr.CMP.No.1091 of 2025 and C.M.P.No.24693 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED: 22.10.2025
                                                              CORAM:
                                  THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
                                                 Tr.CMP.No.1091 of 2025
                                                          and
                                                 C.M.P.No.24693 of 2025

                    P.Subashini                                                      ... Petitioner / Respondent

                                                               Versus

                    P.Palaniappan                                                        ... Respondent / Petitioner

                    Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the
                    CPC, to withdraw the case in H.M.O.P.No.24 of 2019 on the file of learned
                    Additional District Judge, (Fast Track Court), Kumbakonam, Thanjavur
                    District and transfer the same to Family Court, Chennai.

                                    For Petitioner        :        Mr.Swamisubramanian

                                    For Respondent        :        Mr.M.Prakash

                                                              ORDER

The wife has filed the present petition seeking transfer of

H.M.O.P.No.24 of 2019 from the file of the learned Additional District

Judge, (Fast Track Court), Kumbakonam, Thanjavur District, to the file of

Learned Family Court, Chennai.

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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

06.06.2008 at Thuluva Velalar Marriage Hall, Tiruvannamalai, as per Hindu

Rites and Customs. The respondent filed a petition in H.M.O.P.No.24 of

2019 under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, before the

learned Additional District Judge, (Fast Track Court), Kumbakonam,

Thanjavur District, seeking dissolution of marriage by divorce. The learned

counsel further submits that the petitioner is residing at Thanjavur and taking

care of the minor children, filed a transfer petition in Tr.CMP.No.594 of 2018

before this Court seeking, transfer of the said case from the Sub Court,

Tiruvannamalai to the learned Additional District Judge, (Fast Track Court),

Kumbakonam, Thanjavur District. The said petition was allowed by this

Court vide order dated 09.10.2018. The learned counsel further submits that

the respondent filed an application in I.A.No.159 of 2019 in H.M.O.P.No.24

of 2019 under Section 5(A) of the Hindu Minority and Guardianship Act,

seeking custody of the minor children, and the same is pending adjudication.

The petitioner is presently employed in a private concern in Chennai, and

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both children are studying in School at Chennai. Hence, the petitioner finds

it very difficult to travel to Kumbakonam, leaving her minor children

behind.

3. Per contra, the learned counsel appearing for the respondent /

husband would submit that the petitioner / wife has deliberately suppressed

material facts regarding the earlier transfer petitions filed before this Court in

February 2022, concerning the very same subject matter. In the above said

transfer proceedings, the petitioner misrepresented before this Court that she,

along with minor children, was residing at her parental home in

Kumbakonam, whereas, by her own admission in the affidavit of Assets and

Liabilities filed in M.C.No.21 of 2018, she had stated that she has been

residing in Chennai since September 2018. On the strength of such false and

misleading representations, both the said transfer petitions were dismissed.

The complete omission of these prior proceedings in the present petition

amounts to a willful suppression of material facts and abuse of the process of

this Court.

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4. In response, the learned counsel appearing for the petitioner / wife

submits that there is no suppression of material facts in the petition filed

earlier for transfer, as mentioned in the present petition.

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

and I find merit in the submissions made by the learned counsel on either

side.

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)

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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, 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.

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

The case in H.M.O.P.No.24 of 2019 is hereby withdrawn from the file of the

learned Additional District Judge, (Fast Track Court), Kumbakonam,

Thanjavur District and transferred to the file of the learned Family Court,

Chennai. No costs. Consequently, connected miscellaneous petition is

closed.

22.10.2025

av Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No

1. The learned Additional District Judge, (Fast Track Court), Kumbakonam, Thanjavur District.

2. The learned Family Court, Chennai.

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