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Madras High CourtTR CMP(MD)/187/2026disposed of

Kaverikani v. K.Prabu

2026-06-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2026

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.187 of 2026 and C.M.P(MD)No.4336 of 2026 Kaverikani : Petitioner Vs K.Prabu : Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the petition in H.M.O.P.No.547 of 2023 from the file of the Family Court, Madurai and transfer the same to the Sub Court, Sivakasi District.

For Petitioner : Mr.A.Manikandan For Respondent : Mr.K.R.Manimaran.

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the petition in H.M.O.P.No.547 of 2023 from the file of the Family Court, Madurai and transfer the same to the Sub Court, Sivakasi District.

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2. It is not in dispute that the marriage between the parties was solemnized on 12.09.2018 as per Hindu rites and customs and that subsequently, there arose some misunderstanding between them and that they are living separately. It is also not in dispute that the respondent has filed a petition in H.M.O.P.No.547 of 2023, seeking divorce and the same is pending on the file of the Family Court, Madurai.

3. The learned counsel appearing for the petitioner would submit that the petitioner is residing at Sivakasi, Virudhunagar District and finds it very difficult to travel to Madurai to attend all the hearings.

4. The learned counsel appearing for the respondent would submit that the trial has commenced and now is in part heard stage and that the divorce petition was filed in the year 2023 and the present petition is filed in 2026, after the lapse of 3 years.

5. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent and also perused the records. 2/4

6. Since the divorce petition is in part heard stage, this Court is not inclined to transfer the petition at this point of time. But at the same time, the learned trial Judge, is to be directed to dispose of the case at an early date.

7. The learned counsel for the petitioner would submit that the personal appearance of the petitioner may be dispensed with.

8. In view of the above, the learned Judge, Family Court Madurai, is directed to dispose of the case within a period of three months from the date of receipt of copy of this order. The petitioner is at liberty to move the Family Court, Madurai, for dispensation of personal appearance and upon such an application being filed, the learned trial Judge is directed to consider the same on its merits and in accordance with law.

9. With the above directions, the transfer Civil Miscellaneous petition is disposed of Consequently, connected Miscellaneous Petition is closed. No costs.

05.06.2026 NCC : Yes/No Index : Yes/No Internet :Yes/No das 3/4

K.MURALI SHANKAR, J.

DAS To 1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Sivakasi, Virudhunagar District.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in Tr.C.M.P (MD).No.187 of 2026 and C.M.P(MD)No.4336 of 2026 05.06.2026 4/4