R.Sankara Gomathi v. G.Ranjith Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026 CORAM :
THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ and C.M.P.(MD)No.14137 of 2025 R.Sankara Gomathi .. Petitioner Vs.
G.Ranjith Kumar .. Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.287 of 2025 on the file of Family Court, Dindigul and transfer the same to the Sub Court, Kovilpatti and pass such further or other orders as may deem fit and thus render justice. For Petitioner : Mr.M.Prabu For Respondent : No appearance 1/6
ORDER
This Transfer Petition is at the instance of wife. She seeks withdrawal of H.M.O.P.No.287 of 2025 from the file of Family Court, Dindigul and transfer the same to the file of Sub Court, Kovilpatti.
2. Heard Mr.M.Prabu, learned counsel for petitioner.
3. Mr.G.Rajamani, learned Counsel, entered appearance on behalf of the respondent by filing Vakalat on 16.09.2019. However, on several previous occasions, i.e., 16.12.2025, 06.01.2026, and 03.02.2026, he failed to appear before this Court on behalf of the respondent. Today, when the matter was taken up for hearing, none appeared on behalf of the respondent
4. The marriage between Petitioner and Respondent was solemnized on 30.01.2020, according to Hindu rites and customs. Out of wedlock, a male child was born and he is now five years old. Due to differences, petitioner left her matrimonial home in the month of October 2021. On 29.03.2023, petitioner lodged a complaint before All Women Police Station, Kovilpatti. Thereafter, respondent assured that he would not cause any 2/6
problems in future. Petitioner issued a legal notice on 14.06.2025, seeking divorce. On 23.06.2025, the respondent sent a reply notice. Petitioner filed a petition in H.M.O.P.No.200 of 2025 before the Sub Court, Kovilpatti for divorce. Respondent/Husband initiated proceedings in H.M.O.P.No.287 of 2025 seeking relief of restitution of conjugal rights before the Family Court, Dindigul.
5. Learned Counsel for Petitioner would submit that petitioner is presently residing with her parents at Pudugramam, Kovilpatti Town, Thoothukudi District. Petitioner has to be accompanied by her aged parents. Petitioner is now working as Assistant in Kovilpatti Municipality. Petitioner has to take care of her 5 year old minor son. Petitioner expressed difficulty inasmuch as she may have to travel a distance of 400Kms (to and fro) from Thoothukudi to attend each hearing at Family Court, Dindigul. She would therefore request this Court to transfer the case from Family Court, Dindigul to Sub Court, Kovilpatti.
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6. It 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 Thoothukudi and Dindigul is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court hearings, I am inclined to allow the petition seeking transfer as prayed for.
7. In view thereof, H.M.O.P No.287 of 2025 pending on the file of Family Court, Dindigul, is hereby ordered to be withdrawn and transferred to the file of Sub Court, Kovilpatti. Learned Sub Judge, Kovilpatti, is directed to dispose of the aforementioned case expeditiously, preferably within a period of six months.
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8. With the above observations, this Transfer Petition is allowed. There is no order as to costs. Consequently, connected miscellaneous petition is closed.
11.02.2026 Index:Yes/No Speaking Order :Yes/No gvn To 1.The Judge, Family Court, Dindugl 2.The Judge, Sub Court, Kovilpatti, Thoothukudi District.
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MOHAMMED SHAFFIQ , J.
gvn and C.M.P.(MD)No.14137 of 2025 11.02.2026 6/6