Allowed¶23

T.M.Supraja v. S.Balachandran

Madras HC27 Mar 2025TR CMP/36/2025

Case brief

AI extract

What is this about?

Keywords: Section 24 CPC transfer petition; Tr.C.M.P.; H.M.O.P. nullity of marriage; mental illness ground; maintenance not paid; District Family Court Madurai vs Family Court Puducherry; mediation referral; Madras High Court; Justice P.T. Asha; 2025. Relevant for: forum conveniens in matrimonial disputes, transfer where the litigant faces illness-related travel hardship and financial strain, and the practice of directing estranged spouses to a named mediator alongside a transfer order.

What did the court decide?

H.M.O.P.No.1303 of 2025 withdrawn from the District Family Court, Madurai and transferred to the file of the Family Court (Puducherry); parties referred to mediation with Mr.E.C.Chandru (Enrollment No.645/97) appointed as Mediator; no costs; connected miscellaneous petition closed. ¶23

T.M.Supraja Vs S.Balachandran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the matrimonial proceeding H.M.O.P.No.1303 of 2024 pending before the District Family Court, Madurai ought to be withdrawn and transferred to the Family Court, Puducherry.

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Court's answer

The petitioner's grounds for transfer were found reasonable, particularly because the respondent-husband has filed the nullity petition on the ground that the petitioner suffers from a mental illness.

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Ratio / Principle

Notwithstanding the objection of the respondent-husband's counsel, the Tr.C.M.P was allowed, particularly taking note of the fact that the respondent is not giving any maintenance to the petitioner.

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Key takeaways

H.M.O.P.No.1303 of 2025 pending on the file of the District Family Court, Madurai is withdrawn and transferred to the file of the Family Court (Puducherry).ratio¶23
This Court appointed Mr.E.C.Chandru (Enrollment No.645/97), Cell No.98433 22533, as Mediator, and the parties shall appear before him as per his convenience.ratio¶27
No costs were imposed and the connected miscellaneous petition was closed.

Detailed headnote1 paragraphs

MADRAS HIGH COURT (P.T. Asha, J.) — Tr.C.M.P.No.36 of 2025 and C.M.P.No.840 of 2025 — 27.03.2025 — Transfer under Section 24 CPC — Wife-petitioner sought transfer of the respondent-husband's nullity petition H.M.O.P.No.1303 of 2024 (marriage of 25.06.2023 alleged void on the ground of her mental illness) from the District Family Court, Madurai to the Family Court, Puducherry — Grounds advanced: her residence at Puducherry falling within that Court's jurisdiction, inability to travel unaccompanied, and the physical exhaustion and financial strain of attending hearings at Madurai — Objection by the husband's counsel overridden, transfer allowed particularly as the respondent pays no maintenance to the petitioner — At the husband's counsel's instance, unopposed by the wife, parties referred to mediation with Mr.E.C.Chandru (Enrollment No.645/97) appointed Mediator — No costs; connected miscellaneous petition closed.

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Tr.C.M.P.No.36 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.03.2025

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CORAM

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THE HONOURABLE MS. JUSTICE P.T.ASHA

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Tr.C.M.P.No.36 of 2025 and

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C.M.P.No.840 of 2025

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T.M.Supraja ... Petitioner Vs S.Balachandran ... Respondent

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PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in O.P.No.1303 of 2024 from the file of the District Family Court at Madurai and transfer the same to the Family Court, Pondicherry.

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For Petitioner : Mr.N.Pragasam For Respondent : Mr.J.Ravikumar

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1/5

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

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Tr.C.M.P.No.36 of 2025

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ORDER

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The respondent-wife in H.M.O.P.No.1303 of 2024 has filed the above Tr.C.M.P seeking to transfer the said O.P from the file of the District Family Court, Madurai to the Family Court, Puducherry.

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The aforesaid petition has been filed by the respondenthusband seeking a declaration that the marriage between him and the petitioner which was solemnized on 25.06.2023 is null and void. The petition has been filed on the ground that the petitioner suffers from mental illness.

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The petitioner would seek to transfer the said O.P on the ground that the respondent had left the petitioner back at her parental home in Puducherry assuring to take her back after she had recovered

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from her illness. Since the matter is posted before the Family Court, the petitioner is constrained to appear for all hearings before the Family

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2/5

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

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Tr.C.M.P.No.36 of 2025

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Court which is not only physically exhausting but also a financial strain on her. That apart, the petitioner cannot travel all alone and has to be accompanied by someone which is an additional financial strain. The petitioner is now residing at Puducherry which falls within the jurisdiction of the Family Court at Puducherty which also has jurisdiction to entertain the petition. The above reasons given by the petitioner appears to be reasonable particularly when the respondenthusband has filed the petition to declare the marriage as null and void on the ground that the petitioner suffers from a mental illness.

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Though the transfer has been objected to by the learned counsel appearing for the respondent-husband, this Tr.C.M.P is allowed particularly taking note of the fact that the respondent is not giving any maintenance to the petitioner. Therefore, H.M.O.P.No.1303 of 2025 pending on the file of the District Family Court, Madurai is withdrawn and transferred to the file of the Family Court(Puducherry).

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3/5

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

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Tr.C.M.P.No.36 of 2025

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The learned counsel for the respondent-husband would submit that the parties may be referred to Mediation which has not been opposed by the petitioner-wife. Therefore, this Court appoints Mr.E.C.Chandru (Enrollment No.645/97), Cell No.98433 22533 as the Mediator and the parties shall appear before him as per his convenience. No costs. Consequently, connected miscellaneous petition is closed.

27.03.2025

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