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M.Srideepika Vs M.Sanjeev — Madras HC (2025) — LawSathi Research

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Madras HC
2025
M.Srideepika Vs M.SanjeevM.Srideepika v. M.Sanjeev

Allowed¶25

M.Srideepika v. M.Sanjeev

Madras HC24 Apr 2025TR CMP/22/2025

Case brief

AI extract

What is this about?

Madras High Court, Tr.CMP.No.22 of 2025 (with CMP.No.592 of 2025), decided 24.04.2025 by Ms. Justice P.T. Asha. Petitioner-wife M.Srideepika vs respondent-husband M.Sanjeev. Transfer petition under Sec.24 CPC allowed: H.M.O.P.No.1678 of 2024 (divorce petition filed by the husband) withdrawn from Family Court, Coimbatore and transferred to Family Court, Tiruppur, on grounds of the wife's residence at Tiruppur with her one-year-old child at her parents' house, non-payment of maintenance, dependence on parents, inability to bear travel costs, and mandatory attendance at every hearing. No costs; connected miscellaneous petition closed. Keywords: transfer petition, Sec.24 CPC, matrimonial dispute, divorce, Family Court transfer, convenience of wife, maintenance, Coimbatore, Tiruppur.

What did the court decide?

Tr.CMP allowed; H.M.O.P.No.1678 of 2024 withdrawn from the Family Court, Coimbatore and transferred to the Family Court, Tiruppur; no costs; connected miscellaneous petition (CMP.No.592 of 2025) closed.

Why is it important?

The petitioner-wife's request for transfer was justified: she faced difficulties in attending the Court at Coimbatore both physically and monetarily, and her presence before the Family Court at every hearing was mandatory. ¶21

What the court decided

AI extract

Outcome

Tr.CMP allowed; H.M.O.P.No.1678 of 2024 withdrawn from the Family Court, Coimbatore and transferred to the Family Court, Tiruppur; no costs; connected miscellaneous petition (CMP.No.592 of 2025) closed.

Issue for consideration

Whether the divorce petition H.M.O.P.No.1678 of 2024 pending before the Family Court, Coimbatore should be withdrawn and transferred to the Family Court, Tiruppur. +1 more

Court's answer

H.M.O.P.No.1678 of 2024 pending on the file of the Family Court, Coimbatore stands withdrawn and transferred to the Family Court, Tiruppur.

Ratio / Principle

The petitioner-wife's request for transfer was justified: she faced difficulties in attending the Court at Coimbatore both physically and monetarily, and her presence before the Family Court at every hearing was mandatory.

Detailed headnote1 paragraphs

Transfer Petition (Sec.24 CPC) — Wife permitted to transfer husband's divorce petition. M.Srideepika (wife) sought transfer of H.M.O.P.No.1678 of 2024, filed by her husband M.Sanjeev before the Family Court, Coimbatore, to the Family Court, Tiruppur, on the ground that she resides with her one-year-old child at her parents' house at Tiruppur, receives no maintenance from her husband, depends on her parents for livelihood, and cannot bear the transportation charges of travelling to Coimbatore, where her presence at every hearing is mandatory. Holding the physical and monetary hardship sufficient, the Madras High Court (P.T. Asha, J.) allowed the Tr.CMP, withdrew H.M.O.P.No.1678 of 2024 from the Family Court, Coimbatore and transferred it to the Family Court, Tiruppur, with no costs, and closed the connected miscellaneous petition.

A

Tr.CMP.No.22 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

Tr.CMP.No.22 of 2025 and CMP.No.592 of 2025

M.Srideepika ... Petitioner

Vs.

M.Sanjeev ... Respondent

Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw H.M.O.P.No.1678 of 2024 on the file of Family Court, Coimbatore and transfer the same to Family Court, Tiruppur.

For Petitioner : Mr.Deepan Uday For Respondent : Mr.R.Jayaprakash

ORDER

The petitioner-wife has filed the present transfer petition seeking to

withdraw the HMOP.No1678 of 2024 filed by the respondent-husband

before the Family Court, Coimbatore and transfer the same to Family Court, Tiruppur.

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

Tr.CMP.No.22 of 2025

The respondent has filed a petition for divorce in H.M.O.P.

No.1678 of 2024 on the file of Family Court, Coimbatore. The petitionerwife has filed the present transfer petition seeking to transfer the said HMOP to Family Court, Tiruppur, on the ground that the petitioner is residing with her one year old child at Tiruppur at her parent's house. She would submit that the respondent-husband exercise a great deal of clout at Coimbatore and he has deliberately filed the petition for divorce before the Family Court, Coimbatore, only to harass the petitioner. She also would submit that she and her minor child have not received any maintenance from her husband and that they are depending on her parents for their livelihood. In such circumstances, she could not bear the transportation charges involved in travelling to Coimbatore to attend the hearings. Hence, she seeks transfer.

Considering the fact that the petitioner is facing difficulties in attending the Court at Coimbatore both physically as well as monetarily, more particularly, since her presence before the Family Court for every hearing is mandatory, her request for transfer appears to be justified and accordingly, the Tr.CMP is allowed, and H.M.O.P.No.1678 of 2024 pending on the file of Family Court, Coimbatore is withdrawn and transferred to

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Tr.CMP.No.22 of 2025

Family Court, Tiruppur. No costs. Consequently, connected miscellaneous petition is closed.

24.04.2025

Index : Yes/No Internet : Yes/No Neutral Citation : Yes / No ds

To:

1.The Judge Family Court, Coimbatore.

2.The Judge Family Court, Tiruppur.

3.The Section Officer VR Section High Court, Madras.

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Tr.CMP.No.22 of 2025

P.T. ASHA, J,

ds

Tr.CMP.No.22 of 2025

24.04.2025

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Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the divorce petition H.M.O.P.No.1678 of 2024 pending before the Family Court, Coimbatore should be withdrawn and transferred to the Family Court, Tiruppur.¶20
The court held
H.M.O.P.No.1678 of 2024 pending on the file of the Family Court, Coimbatore stands withdrawn and transferred to the Family Court, Tiruppur.ratio¶21
2.
Whether the petitioner-wife's hardship — residence at Tiruppur with her infant child at her parents' house, non-receipt of maintenance, dependence on her parents, and the cost and difficulty of attending hearings at Coimbatore where her presence is mandatory — justifies the transfer.¶20
The court held
The petitioner-wife's request for transfer was justified: she faced difficulties in attending the Court at Coimbatore both physically and monetarily, and her presence before the Family Court at every hearing was mandatory.ratio¶21

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 24¶10

Procedural history

How this case reached the court

AI extract

Order under challenge
No adverse order is challenged; the subject matter is the pending divorce proceeding H.M.O.P.No.1678 of 2024 instituted by the respondent-husband before the Family Court, Coimbatore, which the petitioner seeks to withdraw and transfer to the Family Court, Tiruppur.¶10
Family Court, Coimbatore
Prior proceeding
The respondent-husband had filed a petition for divorce in H.M.O.P.No.1678 of 2024 on the file of the Family Court, Coimbatore.¶20

Parties & counsel

AI extract

petitioner
M.Srideepika¶7
Mr.Deepan Uday
respondent
M.Sanjeev¶9
Mr.R.Jayaprakash

Coram

AI extract

Ms. Justice P.T. ASHAauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 24 Apr 2025 · April
Registered: 8 Jan 2025
Case no.: TR CMP/22/2025
CNR: HCMA010040232025
Bench: P.t. Asha
Disposal: ALLOWED
Case type: Tr.CMP

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Cite this judgement

M.Srideepika v. M.Sanjeev, TR CMP/22/2025 (MAD), decided on 24 April 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil ProcedureSection 24

View all statutes

Procedural history2

No adverse order is challenged; the subject matter is the pending divorce proceeding H.M.O.P.No.1678 of 2024 instituted by the respondent-husband before the Family Court, Coimbatore, which the petitioner seeks to withdraw and transfer to the Family Court, Tiruppur.Family Court, Coimbatore
The respondent-husband had filed a petition for divorce in H.M.O.P.No.1678 of 2024 on the file of the Family Court, Coimbatore.

View full history

Bench / Coram

Ms. Justice P.T. ASHA

Parties & counsel