Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-02-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND
1. Madhankumar,
2. Pandurengan, S/o.Ondachiya Pillai,
3. Manoharan,
4. Abhinaya, W/o.Manoharan,
5. Mahendran, Page1 of 7 ..Petitioner(s) Vs
1. Vidyapriya, D/o.Ganapathy, W/o.Madankumar, Residing at No.55A, 2nd Cross Street, Mettupangala, Kadambadi,
2. Minor Aadhvika, D/o.Madankumar, Rrepresented by her natural guardian/mother Repondent No.1, Residing at No.55A, 2nd Cross Street, Mettupangala, Kadambadi, ..Respondent(s)
1. Madhankumar,
2. Pandurengan, S/o.Ondachiya Pillai, Page2 of 7
3. Manoharan,
4. Abhinaya, W/o.Manoharan,
5. Mahendran, ..Appellant(s) Vs
1. Vidyapriya, D/o.Ganapathy, W/o.Madankumar, Residing at No.55A, 2nd Cross Street, Mettupangala, Kadambadi,
2. Minor Aadhvika,
D/o.Madankumar, Rrepresented by her natural guardian/mother Repondent No.1, Page3 of 7 Residing at No.55A, 2nd Cross Street, Mettupangala, Kadambadi, ..Respondent(s)
To withdraw the case in D.V.C. No.33 of 2022 pending on the file of the Learned Additional Mahila Judicial Magistrate, Nagapattinam and transfer the same to the file of Honble Family Court, Nagapattinam and try along with HMOP.No.77 of 2023 and to pass such further or other orders as may deem fit and proper and thus render justice. To Stay of all further proceedings in D.V.C.No.33 of 2022 pending on the file of the Learned Additional Mahila, Judicial Magistrate, Nagapattinam, pending disposal of the Transfer CMP., and thus render Justice. For Petitioner(s): Mr.K.Pragadeesh Kumar
For Respondent(s): Ms.Mythili Srinivas
Order
Heard.
2. This Transfer Civil Miscellaneous Petition has been filed to withdraw
D.V.C. No.33 of 2022 from the file of the Additional Mahila Judicial Magistrate Court, Nagapattinam and to transfer the same to the file of the Family Court, Nagapattinam. Page4 of 7
3. The petitioners are the respondents in the Domestic Violence Case. The
first respondent is the wife and the second respondent is the minor child. It is stated that the husband has filed H.M.O.P. No.77 of 2023 before the Family Court, Nagapattinam, seeking dissolution of marriage, and that in view of the pendency of the said matrimonial proceeding, the petitioners seek transfer of the Domestic Violence Case also to the Family Court, Nagapattinam, for avoiding the multiplicity of proceedings and conflicting of judgments. Elaborate oral and written submissions were made by the petitioner side in support of their contentions seeking transfer.
4. The learned counsel appearing for the respondents objected stating that
the DV case trial proceedings have progressed substantially and further that a proceeding under the Protection of Women from Domestic Violence Act, 2005 is a proceeding maintainable before the Jurisdictional Magistrate, and such D.V.C. cannot be transferred to the Family Court.
5. This Court has considered the rival submissions. In Shaurabh Kumar
Tripathi v. Vidhi Rawal 2025 INSC 734, decided on 19.05.2025, the Supreme Court has clarified that while Section 26 enables an aggrieved person to seek reliefs under Sections 18 to 22 in any pending legal Page5 of 7 proceeding before a civil court/family court/criminal court affecting her, Section 26 does not confer jurisdiction on courts other than those contemplated by Section 27 to entertain an application under Section 12 of the Act. Therefore, the relief of transfer sought in this Transfer C.M.P. cannot be granted.
6. Accordingly, Tr.C.M.P. No.124 of 2026 is dismissed. If any interim order/stay has been granted, the same shall stand vacated and the connected C.M.P. is closed. There shall be no order as to costs. 26-02-2026 Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No DPQ To
1. Additional Mahila Judicial Magistrate, Nagapattinam
2. Family Court, Nagapattinam Page6 of 7 DR.A.D.MARIA CLETE J. DPQ AND 26-02-2026 Page7 of 7