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Pavithra v. a.Yuvaraj

Madras HC19 Mar 2025TR CMP/136/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer petition; matrimonial/divorce proceeding transfer (HMOP No.170 of 2024); wife's convenience grounds — residence with elderly parents at Tiruchengode, Namakkal; distance nearly 155 km to Kallakurichi; territorial jurisdiction objection — parties last resided together at Bangalore; unopposed petition (respondent served by private notice, no appearance); transfer from Additional Subordinate Court, Kallakurichi to Subordinate Court, Tiruchengode; High Court of Judicature at Madras; P.T. Asha J.; no costs; connected C.M.P.No.2771 of 2025 closed.

What did the court decide?

HMOP No.170 of 2024 withdrawn from the file of the Additional Subordinate Court, Kallakurichi and transferred to the file of the Subordinate Court, Tiruchengode; no costs; connected Miscellaneous Petition C.M.P.No.2771 of 2025 closed. ¶31

Pavithra Vs a.Yuvaraj — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Transfer Petition under Section 24 CPC filed by the wife (residing with her elderly parents at Tiruchengode, Namakkal, nearly 155 km from Kallakurichi) to withdraw HMOP No.170 of 2024 from the Additional Subordinate Court, Kallakurichi and transfer it to the Subordinate Court, Tiruchengode should be allowed. +1 more

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Court's answer

The request for transfer was found reasonable and justified; the Transfer Civil Miscellaneous Petition was allowed and HMOP No.170 of 2024 was withdrawn from the file of the Additional Subordinate Court, Kallakurichi and transferred to the file of the Subordinate Court, Tiruchengode.

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Ratio / Principle

No costs were awarded and the connected Miscellaneous Petition (C.M.P.No.2771 of 2025) was closed.

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Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.) allowed Tr.CMP.No.136 of 2025, a Transfer Petition under Section 24 of the CPC moved by the wife, Pavithra, to withdraw HMOP No.170 of 2024 (divorce petition) from the file of the Additional Subordinate Court, Kallakurichi and transfer it to the Subordinate Court, Tiruchengode. Reasons urged: the petitioner/wife lives with her elderly parents at Tiruchengode, Namakkal; the distance between her residence and the Additional Sub Court, Kallakurichi is nearly 155 kilometres; and since both parties last resided together at Bangalore, the Kallakurichi court was contended to have no territorial jurisdiction over the divorce petition. The respondent, though served with private notice, entered no appearance in person or through counsel. Finding the request reasonable and justified, the Court allowed the transfer, ordered no costs, and closed the connected Miscellaneous Petition C.M.P.No.2771 of 2025.

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Tr. CMP.No.136 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.136 of 2025 and C.M.P.No.2771 of 2025

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Pavithra ... Petitioner

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Vs.

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A.Yuvaraj ... Respondent

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Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw HMOP No.170 of 2024 from the file of Hon'ble Additional Subordinate Court, Kallakurichi and transfer the same to Hon'ble Subordinate Court, Tiruchengode and thus, render justice.

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For Petitioner : M/s.L.Mouli For Respondent : Private notice served – No appearance

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1/4

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

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Tr. CMP.No.136 of 2025

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O R D E R

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The above Petition is filed to withdraw and transfer HMOP

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No.170 of 2024, pending on the file of the Additional Subordinate

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Court, Kallakurichi to the Subordinate Court, Tiruchengode.

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

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(i) The petitioner/wife is living with her elderly parents at

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Tiruchengode, Namakkal.

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(ii) The distance between the present residence of the petitioner/wife and the Additional Sub Court, Kallakurichi is nearly 155 kilometres.

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(iii) Since both parties had last resided together at Bangalore, the Additional Subordinate Court in Kallakurichi has no territorial jurisdiction to decide the divorce petition.

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3 . The respondent though served has not entered appearance

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either in person or through counsel. Heard the learned counsel for the

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petitioner and perused the records.

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4 . In the above circumstances the request for transfer appears

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2/4

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

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Tr. CMP.No.136 of 2025

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reasonable and justified. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP No.170 of 2024, pending on the file of the Additional Subordinate Court, Kallakurichi, is withdrawn and transferred to the file of the Subordinate Court, Tiruchengode. No costs. Consequently, the connected Miscellaneous Petition is 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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