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R. Indumathi v. R. Narasimma Raja @ Rajarathinam

Madras HC24 Mar 2025TR CMP/159/2025

Case brief

AI extract

What is this about?

Madras High Court, Tr. CMP.No.159 of 2025 (connected CMP No.3146 of 2025), decided 24.03.2025 by Justice P.T. Asha. Wife's transfer petition under Section 24 of the CPC to shift matrimonial proceeding FCHMOP No.267 of 2024 from Family Court, Krishnagiri to Subordinate Court, Omalur was allowed; grounds: non-maintenance, residence at Edapadi Taluk, Salem District, distance of 140-150 kilometres. Respondent absent despite private notice. No costs; connected petition closed. Keywords: transfer of family court case, Section 24 CPC, convenience of wife, non-maintenance, ex-parte order.

What did the court decide?

FCHMOP No.267 of 2024 withdrawn from the file of the Family Court, Krishnagiri and transferred to the file of the Subordinate Court, Omalur; no costs imposed; connected miscellaneous petition (CMP No.3146 of 2025) closed. ¶23

R. Indumathi Vs R. Narasimma Raja @ Rajarathinam — Madras HC (2025) — LawSathi Research

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Tr. CMP.No.159 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :24.03.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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Tr. CMP.No.159 of 2025 and CMP No.3146 of 2025

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R.Indumathi ... Petitioner Vs.

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R.Narasimma Raja @ Rajarathinam ... Respondent

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Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw FCHMOP No.267 of 2024 on the file of Family Court, Krishnagiri and transfer the same to the file of Subordinate Court, Omalur, and thus render justice.

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For Petitioner : M/s.R.Selvakumar For Respondent : Private Notice served – No appearance

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O R D E R

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The above Petition is filed to withdraw and transfer FCHMOP

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No.267 of 2024, pending on the file of the Family Court, Krishnagiri, to the Subordinate Court, Omalur.

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

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Tr. CMP.No.159 of 2025

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

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(i) The petitioner/wife is not being maintained by the respondent/husband.

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(ii) The petitioner/wife along with her daughter is residing at Edapadi Taluk, Salem District.

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(iii) The distance between the present residence of the petitioner/wife and the Neyveli Court is nearly 140 to 150 kilometres.

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3 . The respondent though served with the private notice has not

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entered appearance either in person or through counsel. Heard the learned counsel for the petitioner and perused the records.

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4 . In the above circumstances the request for transfer appears reasonable and justified. Therefore, the Transfer Civil Miscellaneous Petition is allowed and FCHMOP No.267 of 2024, pending on the file of the Family Court, Krishnagiri, is withdrawn and transferred to the file of the Subordinate Court, Omalur. No costs. Consequently, the connected miscellaneous petition is closed.

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24.03.2025

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

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2/4

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

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Tr. CMP.No.159 of 2025

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