High Court · 2025

Tr.C.M.P.Nos.1078 & 1090 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15-09-2025CORAMTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANTR CMP Nos.1078 & 1090 of 2024and CMP Nos.23783 & 23967 of 2024KavithaW/o.Senthil Velan, D/o.Mariappan, No.170/1, Balusamy Nagar, Cholaar, Erode Taluk and District.Petitioner(s)VsSenthil VelanS/o.Vaiyamalai, No.9C, Canara Bank Colony, Ammapatti Road, Thuraiyur Town and District, Thirichirapalli.Respondent(s)Prayer in Tr.C.M.P.No.1078 of 2024:Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.126 of 2023 from the file of the Subordinate Court, Thuraiyur and transfer the same to the file of the Family Court, Erode.Page 1 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 2024(Prayer amended vide order dated 23.10.2024 passed in TR.CMP.No.1078 of 2024)Prayer in Tr.C.M.P.No.1090 of 2024:Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.107 of 2023 from the file of the Subordinate Court, Thuraiyur and transfer the same to the file of the Family Court, Erode.(Prayer amended vide order dated 24.10.2024 passed in TR.CMP.No.1090 of 2024)For Petitioner(s):Ms.U.AnunithaFor Respondent(s):Senthil Velan - remained absentCOMMON ORDERTr.C.M.P.No.1078 of 2024 has been filed to withdraw H.M.O.P.No.126 of 2023 from the file of the Subordinate Court, Thuraiyur and transfer the same to the file of the Family Court, Erode.2.Tr.C.M.P.No.1090 of 2024 has been filed to withdraw H.M.O.P.No.107 of 2023 from the file of the Subordinate Court, Thuraiyur and transfer the same to the file of the Family Court, Erode.3.Heard Ms.U.Anunitha, learned counsel for the petitioner.Page 2 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 20244.The learned counsel appearing for the petitioner would submit that the respondent has not chosen to enter appearance before this Court despite service of notice. 5.It is seen that service of notice has been completed on the respondent and the name of the respondent is also printed in the cause list today. The respondent was called absent and set ex parte. 6.The learned counsel appearing for the petitioner would submit that the respondent/husband filed a petition for divorce before the Subordinate Court, Thuraiyur and the same is pending in H.M.O.P.No.107 of 2023. Meanwhile, the petitioner filed a petition for restitution of conjugal rights before the Subordinate Court, Thuraiyur and the same is pending in H.M.O.P.No.126 of 2023. Though the petitioner has filed the petition in Thuraiyur, she is unable to appear before the Subordinate Court, Thuraiyur, regularly, as she is a Government School Teacher in Erode and her two sons are studying in a private school in Erode. In such circumstances, it is very difficult for the petitioner to travel from Erode to Thuraiyur for attending Page 3 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 2024each and every hearing of the case. Therefore, the cases in H.M.O.P.No.107 of 2023 and H.M.O.P.No.126 of 2023 may be withdrawn from the file of the Subordinate Court, Thuraiyur and transferred to the file of the Family Court, Erode.7.I have gone through the affidavits filed in support these petitions and I find merit in the submissions made by the learned counsel for the petitioner.8.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 Page 4 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 2024the 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”.9.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.''10.Considering the proposition laid down in the judgment of the Hon'ble Supreme Court in N.C.V.Aishwarya case cited supra and also considering the observation made by this Court, wherein, it has been held that convenience of the wife has to be considered, while transferring the case Page 5 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 2024from one Court to another, there can be no impediment for allowing these petitions as prayed for. Accordingly, these transfer civil miscellaneous petitions are allowed. The cases in H.M.O.P.No.107 of 2023 and H.M.O.P.No.126 of 2023 are hereby withdrawn from the file of the Subordinate Court, Thuraiyur and transferred to the file of the Family Court, Erode. No costs. Connected C.M.Ps. are closed.15-09-2025nsdIndex:Yes/NoSpeaking/Non-speaking orderInternet:Yes; Neutral Citation:Yes/NoPage 6 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 2024To1.The Subordinate Judge, Thuraiyur.2.The Judge, Family Court, Erode.Page 7 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 2024M.JOTHIRAMAN J.nsdTr.C.M.P.Nos.1078 & 1090 of 2024Page 8 of 9 https://www.mhc.tn.gov.in/judis Tr.C.M.P.Nos.1078 & 1090 of 202415.09.2025Page 9 of 9