Dhanalakshmi v. Gopalakrishnan

ORDER This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.77 of 2025 from the file of Family Court, Pudukottai, Pudukottai District and transfer the same to Sub-ordinate Court, Pattukottai, Thanjavur District.

¶2Heard Mr.N.Balasubramanian, learned Counsel for Petitioner and Mr.D.Rameshkumar, learned Counsel for Respondent.

¶3The marriage between Petitioner and Respondent was solemnized on 15.05.2024, according to Hindu rites and customs and a male child was born out of wedlock. Due to difference of opinion, parties have separated. Respondent/husband initiated proceedings in H.M.O.P.No.77 of 2025 for divorce before Family Court, Pudukottai, Pudukottai District. Pleading that wife is residing in Thanjavur and unable to travel from Pudukottai to Thanjavur, she has moved this transfer petition.

¶4When the matter came up for hearing on 04.12.2025, this Court referred it to mediation at the request of both parties. However, learned Counsel for both sides submit that although the parties appeared before the Mediator, no settlement was reached.

5.Mr.D.Rameshkumar, learned Counsel for Respondent on instructions from respondent would submit that Respondent has no objection to transfer HMOP.No.77 of 2025, on the file of Family Court, Pudukottai, Pudukottai District to Sub-ordinate Court, Pattukottai, Thanjavur District.

¶6It is relevant to note that Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication that convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, convenience of wife should be given a superior consideration than that of husband. As the distance between Thanjavur and Pudukottai is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court, I am inclined to allow the petition seeking transfer as prayed for.

¶7In view thereof, HMOP No.77 of 2025 pending on the file of Family Court, Pudukottai, Pudukottai District, is hereby ordered to be withdrawn and transferred to the file of Sub-ordinate Court, Pattukottai, Thanjavur District. The Sub-ordinate Court, Pattukottai, Thanjavur District, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.

¶8With the above observations, the Transfer Petition is allowed. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

27.01.2026 Index:Yes/No Web:Yes/No Speaking/Non Speaking Nsr To:

1.The Family Court, Pudukottai, Pudukottai District.

2.The Sub-ordinate Court, Pattukottai, Thanjavur District. MOHAMMED SHAFFIQ

, J.

Nsr

27.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2026 CORAM: THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and C.M.P.(MD)No.14621 of 2025 Dhanalakshmi ...Petitioner Vs Gopalakrishnan ...Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw and transfer the petition in H.M.O.P.No.77 of 2025 filed by the Respondent from Family Court, Pudukottai, Pudukottai District to the Sub-ordinate Court, Pattukottai, Thanjavur District. For Petitioner : Mr.N.Balasubramanian For Respondent : Mr.D.Rameshkumar