Allowed¶28

Ashwetha v. Pavalavelsh

Madras HC19 Mar 2025TR CMP/130/2025

Case brief

AI extract

What is this about?

Transfer of matrimonial petition; Section 24 CPC; TR.CMP; wife's convenience; care of 7-year-old son; residence at Chennai; restitution of conjugal rights (HMOP.No.4535 of 2024); HMOP.No.245 of 2024 (nature not stated in text); Sub Court Virudhunagar; IV Additional Family Court Chennai; no costs; connected miscellaneous petitions closed. Outcome: transfer allowed.

What did the court decide?

HMOP.No.245 of 2024 withdrawn from the Sub Court, Virudhunagar and transferred to the IV Additional Family Court, Chennai; no costs; connected Miscellaneous Petitions closed. ¶28

Ashwetha Vs Pavalavelsh — Madras HC (2025) — LawSathi Research

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TR. CMP.No.130 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.03.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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TR. CMP.No.130 of 2025 and

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C.M.P.No.2641 of 2025

Ashwetha

... Petitioner

Vs.

Pavalavelsh ... Respondent

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Prayer:- Transfer CMP is filed under Section 24 of CPC to withdraw the Petition in HMOP.No.245 of 2024 pending on the file of the Hon'ble Sub Court, Virudhunagar and transfer the same to the file of the Hon'ble IV Additional Family Court, Chennai.

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For Petitioner : M/s.Sumathi Lokesh For Respondent : M/s.D.K.Nepolean

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O R D E R

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The above Petition is filed to withdraw and transfer HMOP.No.245/2024 pending on the file of Subordinate Court, Virudhunagar to the IV Additional Family Court, Chennai.

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https://www.mhc.tn.gov.in/judis

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TR. CMP.No.130 of 2025

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2 . Reasons for seeking the transfer are as follows:-

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(i) The petitioner/wife along with her 7 years old son is residing with

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her elderly parents.

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(ii) HMOP.No.4535 of 2024 filed by the petitioner/wife for restitution of conjugal rights is pending before the IV Additional Family Court, Chennai.

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(iii) The petitioner/wife is residing at Chennai and it would be very

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difficult for her to travel all the way to Virudhunagar to attend the hearing of the case due to the responsibility of taking care of her 7-year-old child.

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4 . Heard the learned counsels on either side.

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5 . In the above circumstances the request for transfer appears

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reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP.No.245 of 2024 pending on the file of the Sub Court, Virudhunagar is withdrawn and transferred to the file of the IV Additional Family Court, Chennai. No costs. Consequently, the connected Miscellaneous Petitions are closed.

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19.03.2025

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(shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No

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https://www.mhc.tn.gov.in/judis

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TR. CMP.No.130 of 2025

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