Madras High Court
Sharon Abigail vs S.Sampaulraj on 26 November, 2025
2025:MHC:2709
TR.C.M.P.(MD)No.511 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.11.2025
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
TR.C.M.P.(MD)No.511 of 2025
and
C.M.P.(MD)No.14106 of 2025
Sharon Abigail
W/o. Sam Paulraj
Door No.1A
Sastha Sabari Apartment
3rd Street
Ambaalpuram
Karaikudi
Sivagangai District. ... Petitioner
vs.
S.Sampaulraj
S/o. P.Stanly
Door No.2/172
PKM Nagar
Vandiyur
Madurai 625 020.
Now Residing at
E412
Casagrand Ferms
Vasantham Colony
Vasuki Street
West Tambaram
Chennai 600 045. ... Respondent
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TR.C.M.P.(MD)No.511 of 2025
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section
24 of Code of Civil Procedure to withdraw IDOP No.483 of 2025
pending on the file of Family Court, Madurai and transfer the same to the
file of the Principal District Court, Sivagangai and directed to try along
with IDOP No.14 of 2024.
For Petitioner :Mr.N.Tamilmani
For Respondent :Mr.M.Karthikeya Venkitachalapathy
ORDER
This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in IDOP.No.483 of 2025 pending on the file of the Family Court, Madurai and transfer the same to the file of Principal District Court, Sivagangai to try along with IDOP.No.14 of 2014.
2.Heard Mr.N.Tamilmani, learned counsel for the petitioner and Mr.M.Karthikeya Venkitachalapathy, learned counsel for the respondent.
3.Mr.N.Tamilmani, learned counsel for the petitioner submits that the petitioner is the wife and the respondent is the husband and their marriage was solemnized on 10.06.2022, according to Christian 2/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 01:11:13 pm ) TR.C.M.P.(MD)No.511 of 2025 Marriage Ceremony. Due to the matrimonial dispute arose between them, they are living separately and the petitioner/wife has filed IDOP.No.14 of 2024, seeking divorce against the respondent/husband before the Principal District Court, Sivagangai, in which, the respondent/husband has already filed a counter affidavit. It was further submitted that after the petition in IDOP.No.14 of 2024 was filed by the petitioner/wife, the respondent/husband has filed IDOP.No.483 of 2025, seeking restitution of conjugal rights before the Family Court, Madurai, only with an intention to harass the petitioner/wife and to drag on the proceedings in IDOP.No.14 of 2024. Seeking transfer of the above IDOP.No.483 of 2025 from the file of Family Court, Madurai to the file of the Principal District Court, Sivagangai, where, the petition filed by the petitioner/wife in IDOP.No.14 of 2024, seeking divorce, is pending, the present Transfer Civil Miscellaneous Petition has been filed.
4.The learned counsel for the petitioner also submits that being a lady, it is very difficult for the petitioner to travel more than 120 kms., approximately up and down from Sivagangai to Madurai, for all the Court hearings and also she do not have any finance to meet the travel 3/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 01:11:13 pm ) TR.C.M.P.(MD)No.511 of 2025 and other incidental expenses. Thus, he prays that this Court may transfer the case in IDOP.No.483 of 2025 from the file of the Family Court, Madurai, to the file of Principal District Court, Sivagangai, to try along with the petition filed by the petitioner/wife in IDOP.No.14 of 2014 seeking divorce.
5.Mr.M.Karthikeya Venkitachalapathy, learned counsel for the respondent has made objections to the submissions made by the learned counsel for the petitioner and to transfer the case filed by the respondent in IDOP.No.483 of 2025, as prayed for by the petitioner, since the respondent/husband is working at Chennai and it is also equally inconvenience for the respondent to attend all the Court hearings before the Court, to which, the case filed by the respondent, is now sought to be transferred by the petitioner. It was further submitted that even though the respondent is ready to live with the petitioner, the petitioner is not ready to live with the respondent.
6.Accordingly, after considering the arguments as advanced by the learned counsel for the parties, considering the fact that the petitioner, 4/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 01:11:13 pm ) TR.C.M.P.(MD)No.511 of 2025 being a lady, would be facing difficulty to travel about more than 120 kms approximately up and down to attend all the Court hearings before the Family Court, Madurai, where IDOP No.483 of 2025 is pending and that she is also facing finance constraint to meet travel and incidental expenses and also considering the fact that the petitioner/wife has already filed a petition in IDOP.No.14 of 2024 against the respondent/husband seeking divorce, before the Principal District Court, Sivagangai, in which, the respondent/husband has also filed a counter affidavit and the case is pending for final hearing, and also considering the averments made in the affidavit filed in support of the present Transfer Civil Miscellaneous Petition, this Transfer Civil Miscellaneous Petition is allowed, as prayed for. The matrimonial case in IDOP.No.483 of 2025, on the file of the Family Court, Madurai, is hereby ordered to be withdrawn and transferred to the file of the Principal District Court, Sivagangai, where, the petition filed by the petitioner/wife in IDOP.No. 14 of 2024, seeking divorce, is already pending. The learned Principal District Judge, Sivagangai, is directed not to give any adjournment to either of the parties unless there is any cogent reason or stay by any higher Court and decide both the cases ie., IDOP.No.483 of 2025 and 5/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 01:11:13 pm ) TR.C.M.P.(MD)No.511 of 2025 IDOP.No.14 of 2024 together on merits and in accordance with law, expeditiously. Both the petitioner as well as the respondent are directed to co-operate for speedy disposal of the cases. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
7.Registry is directed to communicate this order to the learned Principal District Judge, Sivagangai, as well as to the learned Judge, Family Court, Madurai, for its necessary compliance and information, within a period of 10 days from today.
Index :Yes / No 26.11.2025
Internet :Yes / No
NCC :Yes / No
mm
To
1.The Principal District Judge, Sivagangai.
2.The Judge, Family Court, Madurai.
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TR.C.M.P.(MD)No.511 of 2025
SHAMIM AHMED, J.
mm
TR.C.M.P.(MD)No.511 of 2025
26.11.2025
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