(Prayer in Tr.CMP(MD)No.315 of 2026: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to transfer the H.M.O.P.No.127 of 2026 on the file of the Second Additional Subordinate Judge, Coimbatore to the file of the Family Court, Srivilliputhur.

In Tr.CMP(MD)No.450 of 2026: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to transfer the G.W.O.P.No.168 of 2026 on the file of the Principal District Judge, Coimbatore to the file of the Family Court, Srivilliputhur.)

Common Order

1. The Transfer Civil Miscellaneous Petition in Tr.CMP(MD)No.315 of 2026 is filed seeking for an order to withdraw HMOP.No.127 of 2026 on the file of the II Additional Subordinate Court, Coimbatore, to the file of the Family Court, Srivilliputhur.

                     1.1. The Transfer Civil Miscellaneous Petition in Tr.CMP(MD)No.450 of 2026 is filed seeking for an order to withdraw G.W.O.P.No.168 of 2026 on the file of the Principal District Court, Coimbatore to the file of the Family Court, Srivilliputhur.

2. The petitioner is the wife of the respondent. The marriage between the petitioner and respondent was performed on 13.03.2022 at Lakshmi Narayana Mahal, Srivilliputhur, as per Hindu rites and customs. Out of wedlock, they were blessed with a male child. Due to a misunderstanding that arose between them, they are now living separately. The respondent filed HMOP.No.127 of 2026 on the file of the II Additional Subordinate Court, Coimbatore, against the petitioner for restitution of conjugal rights and also filed G.W.O.P.No.168 of 2026 before the Principal District Court, Coimbatore, for appointing him as permanent guardian of the minor son and to give custody of the minor son to him. Now, the petitioner/wife has filed these petitions seeking transfer as prayed for.

3. The learned counsel for the petitioner has submitted that after marriage, the petitioner was mentally harassed and tortured by the respondent and his family members. They forcibly took away the petitioner’s jewels and threw the petitioner out of the matrimonial home, alleging that she is of unsound mind. The petitioner is now residing with her parents along with the minor son at Srivilliputhur. The respondent and his family members are influential persons in Coimbatore, and they threatened the petitioner to hand over the child by way of lodging a police complaint against the petitioner. At the instance of the respondent, the police also harassed the petitioner. So, the petitioner filed Crl.O.P.No.4711 of 2026 before the Madras High Court seeking a direction not to harass the petitioner and the same is pending. The petitioner finds it very difficult to travel along with minor son nearly 258 km to attend the Court in Coimbatore. So, the petitioner seeks transfer of cases from Coimbatore to Srivilliputhur. This Court passed an interim stay of the main petitions, challenging the said stay, the respondent filed a Special Leave to Appeal (C) No.24980 of 2026 before the Hon’ble Supreme Court and it was dismissed on 07.09.2026. Hence, the petitions may be allowed.

4. Per contra, the learned counsel for the respondent has submitted that the respondent has filed a petition U/s.9 of the Hindu Marriage Act for restitution of conjugal rights only. He contended that the petitioner is an unsound person, and she is not capable of taking care of the minor child. Moreover, the respondent has sustained a fracture, and is undergoing medical treatment. So, the main petitions may be transferred to the middle station, Dindigul.

5. In reply, the learned counsel for the petitioner submitted that the respondent himself admitted in his petition in HMOP.No.127 of 2026 at paragraph No.19 that the petitioner was discharged from the hospital and the cause of her illness was voluntary consumption of psychiatric non-prescribed tablets and overdose of the same. So, the petitioner is not an unsound person. Only for eye-wash, the respondent filed the petition for restitution of conjugal rights. If the petitioner goes to Coimbatore, she apprehends that her child would be taken away forcibly.

6. The respondent’s counsel replied that the respondent has not harassed the petitioner as alleged by her. This fact is revealed from the circumstances that the respondent has only filed the petition for restitution of conjugal rights and he has not filed any petition seeking for divorce.

7. The submissions of both side and citations were considered. The respondent and the petitioner are husband and wife and out of wedlock they are blessed with a male child. Due to misunderstanding, they are living separately. Now the petitioner is residing along with her minor son at her parental home in Srivilliputhur. In such circumstances, the respondent filed the petitions for restitution of conjugal rights and for appointing him as guardian and custodian of the minor son. Both parties made rival contentions regarding harassment and unsound mind of the petitioner. These are not deciding factors in this petition, which is filed for transfer of the main petitions.

8. The fact remains that the petitioner is now residing with her parents along with her minor son aged 3 ½ years in Srivilliputhur and this is not specifically denied by the respondent. The respondent seeks transfer of cases to the middle place on the ground that he sustained a fracture, but no material is produced to show the same. Furthermore, transfer of cases to the middle place will not serve any purpose to both as they will be constrained to travel. It is a well settled proposition of law in catena of decisions by the Hon’ble Apex Court that whenever the transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and the wife’s convenience shall be given preference.

9. Therefore, taking note of the settled position of the convenience of the wife in matrimonial cases and also submissions of both sides counsel, this Court is of the view that the present petitions filed by the wife are to be allowed and this Court is inclined to transfer H.M.O.P.No.127 of 2026 on the file of the II Additional Subordinate Court, Coimbatore and G.W.O.P.No.168 of 2026 on the file of the Principal District Court, Coimbatore to Family Court, Srivilliputhur.

10. In the result, the Transfer Civil Miscellaneous Petition in Tr.CMP(MD)No.315 of 2026 is allowed. The petition in HMOP.No.127 of 2026 on the file of the II Additional Subordinate Court, Coimbatore is hereby withdrawn and transferred to the Family Court, Srivilliputhur for disposal in accordance with law. The learned II Additional Subordinate Judge, Coimbatore is directed to transmit the entire records pertaining to the case in H.M.O.P.No.127 of 2026 to the transferee Court within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Civil Miscellaneous petition is closed.

10.1. In the result, the Transfer Civil Miscellaneous Petition in Tr.CMP (MD)No.450 of 2026 is allowed. The petition in G.W.O.P.No.168 of 2026 on the file of the Principal District Court, Coimbatore is hereby withdrawn and transferred to the Family Court, Srivilliputhur for disposal in accordance with law. The learned Principal District Judge, Coimbatore is directed to transmit the entire records pertaining to the case in G.W.O.P.No.168 of 2026 to the transferee Court, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.