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D.Shandhini v. S. Gopinath

Madras HC21 Apr 2025TR CMP/300/2025

Case brief

AI extract

What is this about?

Madras High Court; Tr.CMP.No.300 of 2025; transfer petition under Sec.24 CPC; wife's convenience; transfer of husband's nullity-of-marriage HMOP.No.16 of 2025 from Sub Court Ranipet to Family Court Chennai; travel hardship (~200 km to and fro); petitioner employed at Chartered Accountant firm, Adyar; residing Kottur, Chennai; apprehension of threat/physical harm from mother-in-law, former Municipal Councillor with political influence at Ranipet; marriage 15.04.2024; desertion 10.05.2024; depression/psychiatric treatment; respondent no appearance; transfer allowed; no costs; connected miscellaneous petition closed; single judge P.T. Asha; decided 21.04.2025.

What did the court decide?

H.M.O.P.No.16 of 2025 withdrawn from the file of the Sub Court at Ranipet and transferred to the Family Court at Chennai; no costs; connected miscellaneous petition closed.

D.Shandhini Vs S. Gopinath — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

H.M.O.P.No.16 of 2025 withdrawn from the file of the Sub Court at Ranipet and transferred to the Family Court at Chennai; no costs; connected miscellaneous petition closed.

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Issue for consideration

Whether H.M.O.P.No.16 of 2025 (nullity petition filed by the respondent-husband) pending before the Sub Court at Ranipet should be withdrawn and transferred to the Family Court at Chennai, in view of the petitioner-wife's difficulty in travelling to Ranipet for every hearing and her fear of threat at the hands of her mother-in-law at Ranipet.

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Court's answer

Taking into account the petitioner's difficulty in travelling to Ranipet to attend every hearing and her fear of threat at the hands of her mother-in-law at Ranipet, the Court deemed it fit to consider the prayer sought in the Transfer CMP.

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Ratio / Principle

The transfer petition is allowed: H.M.O.P.No.16 of 2025 pending on the file of the Sub Court at Ranipet is withdrawn from its file and transferred to the Family Court at Chennai, with no costs, and the connected miscellaneous petition is closed.

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Detailed headnote1 paragraphs

Transfer Petition (Sec.24 CPC) by the wife, D. Shandhini, seeking withdrawal of H.M.O.P.No.16 of 2025 — a nullity-of-marriage petition filed by the husband, S. Gopinath, before the Sub Court at Ranipet — and its transfer to the Family Court at Chennai. Grounds urged: the marriage was solemnised on 15.04.2024 and the respondent deserted her and returned to his parental home at Ranipet on 10.05.2024; she suffered depression requiring psychiatric treatment; she is a B.Com graduate who pursued Chartered Accountancy in Chennai and now holds an entry-level job at a Chartered Accountant firm at Adyar, having stayed in Chennai since August 2024; she resides at Kottur, Chennai, within the jurisdiction of Family Court, Chennai; attendance at Ranipet would involve roughly 200 km to-and-fro travel and problems at her workplace; and she apprehends physical harm from her mother-in-law, a former Municipal Councillor with heavy political influence at Ranipet, who has threatened her. The respondent did not appear. Heard only the petitioner's counsel (Mr. R. Sumithra Chakkaravarthi). Taking into account the travel hardship and the apprehended threat, P.T. Asha, J. allowed the transfer petition on 21.04.2025: H.M.O.P.No.16 of 2025 was withdrawn from the file of the Sub Court at Ranipet and transferred to the Family Court at Chennai, with no costs, and the connected miscellaneous petition was closed.

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Tr.CMP.No.300 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 21.04.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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Tr.CMP.No.300 of 2025 and CMP.No.6150 of 2025

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D.Shandhini ... Petitioner

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Vs.

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S.Gopinath ... Respondent

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Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw and transfer H.M.O.P.No.16 of 2025 pending on the file of the learned Sub Court at Ranipet to Family Court at Chennai and pass any further orders this Court deems fit and proper to the facts and circumstances of the case.

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For Petitioner : Mr.R.Sumithra Chakkaravarthi For Respondent : No Appearance

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ORDER

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

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withdraw the HMOP.No.16 of 2025 filed by the respondent-husband before

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the Sub Court at Ranipet and transfer the same to Family Court at Chennai.

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1/5

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

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Tr.CMP.No.300 of 2025

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The petitioner would submit that HMOP.No.16 of 2025 was filed

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by the respondent-husband for nullity of marriage. According to the petitioner-wife, both the families of the petitioner and the respondent was in good relationship over 25 years. Her marriage with the respondent was solemnized on 15.04.2024 and within a short span, the respondent deserted her and went to his parental home at Ranipet on 10.05.2024. Therefore, their relationship as husband and wife has ended on 10.05.2024. Unable to withstand that the dreams of her married life had come to an end abruptly, the petitioner wife got frustrated and suffered from depression and was administered with psychiatric treatment. The respondent-husband on the ill-advise of his mother, had decided to file a petition for nullity of the marriage on the ground that the petitioner is unfit for marriage life and accordingly filed the above HMOP.

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The petitioner would further submit that she is a meritorious student and a school topper during her academic years. The petitioner's is a B.Com graduate and also pursued Chartered Accountancy course in Chennai. She is now doing an entry-level job in a firm, for which purpose, she had been staying in Chennai since August 2024. In such a situation, she

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2/5

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

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Tr.CMP.No.300 of 2025

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finds it difficult to travel a distance of 200 kms to and fro to attend the court hearings in Ranipet. That apart, she also apprehends threat at the hands of her mother-in-law, who is a politically influential person at Ranipet. Hence, the present Transfer CMP.

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Heard the learned counsel for the petitioner.

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5.The petitioner has now taken an entry level job at a Chartered Accountant firm at Adayar in Chennai, and at this juncture, if she is asked to travel to attend the hearings at Ranipet, it would cause problems at her work place. The petitioner is presently residing at Kottur, Chennai, which comes within the jurisdiction of Family Court, Chennai. The respondent's mother was a Municipal Councillor and has heavy political cloud at Ranipet and she has threatened physical harm to the petitioner. Therefore, the petitioner fears for her life.

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Taking into account the difficulties expressed by the petitioner in

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travelling to Ranipet to attend every hearings and also she fearing threat at the hands of her mother-in-law at Ranipet, this Court deems it fit to consider

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3/5

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

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Tr.CMP.No.300 of 2025

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the prayer now sought in this Transfer CMP. Accordingly, the transfer petition is allowed and H.M.O.P.No.16 of 2025 pending on the file of the Sub Court at Ranipet is withdrawn from its file and transferred to Family Court at Chennai. No costs. Consequently, connected miscellaneous petition is closed.

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21.04.2025

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

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To:

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1.The Sub Judge Ranipet. 2.The Judge Family Court, Chennai.

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

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