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K.Preethi v. M.Raja

Madras HC21 Apr 2025TR CMP/303/2025

Case brief

AI extract

What is this about?

Section 24 CPC transfer of matrimonial proceeding; restitution of conjugal rights FCOP 137/2024 Family Court Vellore transferred to Sub Court Poonamallee; concurrent trial with dissolution petition HMOOP 559/2024; convenience of woman litigant; travel distance hardship approx. 140 kms; health issues; sole bread winner; apprehension of threat from influential husband; avoidance of multiplicity and conflicting decisions; respondent served no appearance; Madras High Court; Justice P.T. Asha; dated 21.04.2025; Tr.CMP.No.303 of 2025.

What did the court decide?

Withdrawal of F.C.O.P.No.137 of 2024 from the file of Family Court, Vellore and its transfer to the Sub Court at Poonamallee, to be tried along with H.M.O.P.No.559 of 2024; ordered without costs; connected miscellaneous petition (CMP.No.6188 of 2025) closed. ¶31

K.Preethi Vs M.Raja — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the transfer petition under Sec.24 CPC seeking withdrawal of F.C.O.P.No.137 of 2024 (restitution of conjugal rights) from the file of Family Court, Vellore and its transfer to the Sub Court at Poonamallee should be granted. +1 more

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Court's answer

The transfer petition is allowed: F.C.O.P.No.137 of 2024 pending on the file of Family Court, Vellore is withdrawn from its file and transferred to the Sub Court at Poonamallee, to be tried along with H.M.O.P.No.559 of 2024; no costs awarded; connected miscellaneous petition closed.

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Ratio / Principle

The Court deemed it fit to consider the transfer prayer taking into account the petitioner's difficulty in travelling approximately 140 kms from Chennai to Vellore to attend every hearing, and her fear of threat at the hands of the respondent-husband at Vellore.

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Detailed headnote1 paragraphs

Madras High Court (Ms. Justice P.T. Asha, 21.04.2025) — Transfer Petition Tr.CMP.No.303 of 2025 under Sec.24 of CPC filed by the wife (K.Preethi), represented by Mr.A.Anbharasu, ALLOWED. The husband's (M.Raja) petition F.C.O.P.No.137 of 2024 for restitution of conjugal rights pending before the Family Court, Vellore is withdrawn from that file and transferred to the Sub Court, Poonamallee, to be tried concurrently with the wife's dissolution petition H.M.O.P.No.559 of 2024. Grounds accepted by the Court: petitioner resides at Thandalam, works as an IT professional and is sole bread-winner caring for aged parents; suffers health issues; Family Court, Vellore lies approx. 140 kms from Chennai necessitating physical presence and loss of working days; she apprehends threat at Vellore where the husband is influential; transfer avoids multiplicity of proceedings and contradictory decisions. Respondent served with notice, made no appearance. No costs; connected miscellaneous petition CMP.No.6188 of 2025 closed.

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Tr.CMP.No.303 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.303 of 2025 and CMP.No.6188 of 2025

K.Preethi

... Petitioner

Vs.

M.Raja ... Respondent

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Prayer: Transfer Petition filed under Sec.24 of CPC praying to withdraw the petition in F.C.O.P.No.137 of 2024 on the file of Family Court at Vellore and transfer the same to Sub Court at Poonamallee.

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For Petitioner : Mr.A.Anbharasu For Respondent : Served [No appearance]

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ORDER

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The petitioner-wife has filed the present transfer petition seeking to withdraw the F.C.O.P.No.137 of 2025 filed by the respondent-husband before the Family Court, Vellore and transfer the same to Sub Court at Poonamallee.

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

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Tr.CMP.No.303 of 2025

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The petitioner-wife would submit that her marriage with respondent

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had taken place on 27.06.2021 as per Hindu rites and customs. After marriage, her husband got employed in London and they moved to London. During her stay at London, she faced harassment at the hands of the respondent. Her husband's job at London was terminated, owing to which, they were forced to return to India. They have no issues out of the wedlock. They set up a separate home at Tambaram, however, the petitioner was subjected to mental and physical torture, which forced her to leave her matrimonial home. The husband had filed a petition in FCOP.No.137 of 2024 for restitution of conjugal rights before the Family Court at Vellore, which according to the petitioner-wife, is a shield to safeguard him from the allegations made against him. The petitioner-wife unable to continue her marital life with the respondent-husband, filed a petition for dissolution of marriage before the Sub Court, Poonamalle and the same is taken on file as H.M.O.P.No.559 of 2024.

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The petitioner-wife would contend that she is residing at

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Thandalam and working as an IT professional. She is suffering from several health issues and therefore, she finds it difficult to attend the

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2/5

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

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Tr.CMP.No.303 of 2025

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hearings at Family Court, Vellore. She would contend that since the matter is before Family Court, Vellore, her physical presence for every hearing is necessary, for which purpose, she has to take a day off, which would impact her employment. She is the only bread winner of her family taking care of her age old parents. According to her, the respondent-husband is influential in Vellore and therefore, she apprehends threat to her as well as her parents' life during their visit to Vellore. She also pleads that in order to avoid multiplicity of proceedings and contradicting decisions in both the cases, the petitioner seeks transfer of FCOP.No.137 of 2024 to Sub Court at Poonamallee to be tried along with H.M.O.P.No.559 of 2024.

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Heard the learned counsel for the petitioner. Though the respondent has been served with notice, he neither chose to appear either in person or through a counsel.

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Taking into account the difficulties expressed by the petitioner in travelling to Vellore, which is approximately 140 kms. from Chennai to attend every hearings and also she fearing threat at the hands of the respondent-husband at Vellore, this Court deems it fit to consider the prayer

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3/5

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

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Tr.CMP.No.303 of 2025

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now sought in this Transfer CMP. Accordingly, the transfer petition is allowed and F.C.O.P.No.137 of 2024 pending on the file of Family Court, Vellore, is withdrawn from its file and transferred to Sub Court at Poonamallee, to be tried along with H.M.O.P.No.559 of 2024. 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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