Kavitha v. Navin Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN TR CMP No.213 of 2025 and CMP No.4103 of 2025 Kavitha W/o.Navin Kumar, D/o.Nataraj, T.R.S.Bricks and Chambers, Kalangu Thottapirivu, Thekkampatti, Metupalayam Taluk, Coimabtore District-641113 Petitioner(s) Vs Navin Kumar S/o.Ramamoorthy, No.1/554-B, Magesh Kumar Nagar, Vellaiyankadu South, Tiruppur South Taluk, Tiruppur District Respondent(s) Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.215 of 2024 pending before the Family Court, Tiruppur and transfer the same to the file of the Subordinate Court, Mettupalayam, to be tried along with the H.M.O.P.No.112 of 2024. For Petitioner(s):

Mr.C.Prabakaran For Respondent(s): Navin Kumar - remained absent

ORDER

This petition has been filed to withdraw H.M.O.P.No.215 of 2024 from the file of the Family Court, Tiruppur and transfer the same to the file of the Subordinate Court, Mettupalayam, to be tried along with the H.M.O.P.No.112 of 2024.

2.

Heard Mr.C.Prabakaran, learned counsel for the petitioner. 3.

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.

4.

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. 5.

The learned counsel appearing for the petitioner would submit that the respondent/husband filed a petition for divorce before the Family

Court, Tiruppur and the same is pending in H.M.O.P.No.215 of 2024. Meanwhile, the petitioner/wife filed a petition for restitution of conjugal rights before the Subordinate Court, Mettupalayam and the same is pending in H.M.O.P.No.112 of 2024. The respondent/wife is living at her parental home in Mettupalayam and it is very difficult for her travel 100 kms all alone from Mettupalayam to Tiruppur for attending each and every hearing of the case. Therefore, the case in H.M.O.P.No.215 of 2024 may be withdrawn from the file of the Family Court, Tiruppur and transferred to the file of the Subordinate Court, Mettupalayam, to be tried along with the H.M.O.P.No.112 of 2024.

6.

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.

7.

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". 8.

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.'' 9.

In 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 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.

Accordingly, this transfer civil miscellaneous petition is allowed. The case in H.M.O.P.No.215 of 2024 is hereby withdrawn from the file of the Family Court, Tiruppur and transferred to the file of the Subordinate Court, Mettupalayam, to be tried along with H.M.O.P.No.112 of 2024. No costs. Connected C.M.P. is closed.

06.10.2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To 1.The Subordinate Judge, Mettupalayam

2.The Judge, Family Court, Tiruppur.

M.JOTHIRAMAN J.

nsd TR CMP No. 213 of 2025 06.10.2025