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B.Bhuvanalakshmi v. S.Karthikeyan

Madras HC23 Sept 2025TR CMP/570/2025

Case brief

AI extract

What is this about?

Wife's transfer petition under Section 24 CPC seeking transfer of husband's restitution of conjugal rights petition F.C.O.P.No.179 of 2025 from Family Court, Erode to Subordinate Court, Ambattur, Tiruvallur District; convenience of wife; minor child; 400 kms distance; Section 19(iii)(a) Hindu Marriage Act; Durga Vs. R.Mohan Ganesh (TR.CMP(MD)No.108 of 2010); Madras High Court; M. Jothiraman J.; petition allowed; no order as to costs; connected C.M.P.No.14007 of 2025 closed.

What did the court decide?

Withdrawal of F.C.O.P.No.179 of 2025 from the Family Court, Erode and its transfer to the Subordinate Court, Ambattur, Tiruvallur District; no order as to costs; connected miscellaneous petition (C.M.P.No.14007 of 2025) closed. ¶38

B.Bhuvanalakshmi Vs S.Karthikeyan — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in F.C.O.P.No.179 of 2025 (restitution of conjugal rights) filed by the respondent/husband before the Family Court at Erode should be withdrawn and transferred to the Sub Court/Subordinate Court at Ambattur, Tiruvallur District, in view of the convenience of the petitioner/wife.

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Court's answer

Considering the reasons stated in the affidavit and taking the convenience of the petitioner/wife into consideration, the Court was inclined to allow the transfer petition.

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Ratio / Principle

Transfer Civil Miscellaneous Petition No.570 of 2025 allowed; F.C.O.P.No.179 of 2025 withdrawn from the file of the Family Court, Erode and transferred to the file of the Subordinate Court, Ambattur, Tiruvallur District, with no order as to costs, and the connected miscellaneous petition closed.

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Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 CPC — wife sought withdrawal of husband's restitution of conjugal rights petition (F.C.O.P.No.179 of 2025) from the Family Court, Erode and its transfer to the Sub Court/Subordinate Court, Ambattur, Tiruvallur District — wife residing at Ambattur with her minor child; distance of about 400 kms and over 8 hours' travel, requiring her aged parents to accompany her — respondent/husband, doing business at Chennai, pleaded irreparable injury — relying on Durga Vs. R.Mohan Ganesh (TR.CMP(MD)No.108 of 2010, Madurai Bench of Madras High Court) on the special preference given to the wife under Section 19(iii)(a) Hindu Marriage Act, the Court, considering the reasons in the affidavit and the convenience of the petitioner/wife, allowed the petition — proceedings transferred to the Subordinate Court, Ambattur — no order as to costs — connected C.M.P.No.14007 of 2025 closed.

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TR CMP No. 570 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-09-2025

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CORAM

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

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TR CMP No. 570 of 2025

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and C.M.P.No.14007 of 2025

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B.Bhuvanalakshmi

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W/o.Karthikeyan, No.2, Prakahamkaru St, 1st Cross St, Vijayalakshmipuram, Ambattur,

Tiruvallur District.

..Petitioner

S.Karthikeyan S/o.P.Selvakumar, No.21, East Kollamman Koil St, Erode, Erode Taluk,

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Erode District.

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..Respondent

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PRAYER – This petition is filed under Section 24 of C.P.C, to withdraw and transfer the proceedings in F.C.O.P.No.179 of 2025 filed by the respondent pending on the file of Family Court at Erode and transfer the same to the file of Sub Court at Ambattur Tiruvallur District and thus render justice.

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For Petitioner: A.Balasingh Ramanujam For Respondent: Mr.C.Prakasam

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Page 1 of 5

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

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TR CMP No. 570 of 2025

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ORDER

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This Transfer Civil Miscellaneous Petition is filed to withdraw the proceedings in F.C.O.P.No.179 of 2025 filed by the respondent pending before the Family Court at Erode and to transfer the same to the file of Sub Court at Ambattur, Tiruvallur District.

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The learned counsel appearing for the petitioner/wife contends that the respondent has filed a petition in F.C.O.P.No.179 of 2025 before the Family Court at Erode under the grounds of restitution of conjugal rights. The petitioner is having a minor child and is residing at Ambattur at Tiruvallur District. The distance from the native place to Erode is about 400 kms and it takes more than 8 hours to travel and she cannot go to the Court alone and she has to take her age old parents as well, along with her minor child. Hence, it is very difficult for her to appear before the Family Court at Erode.

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Per contra, the learned counsel appearing for the respondent/husband would submit that since the respondent is doing business at Chennai, if the petition is allowed, irreparable injury would be caused to the respondent/husband and prayed for dismissal of the petition.

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__________ Page 2 of 5

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

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TR CMP No. 570 of 2025

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Heard the learned counsel for the parties and perused the materials available on record.

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The principles regarding transfer petitions, more specifically in the matters of matrimonial cases are well settled through the decision of the Madurai Bench of Madras High Court in the TR.CMP(MD)No.108 of 2010, dated 03.03.2011 [Durga Vs. R.Mohan Ganesh] , wherein it has been observed as below:-

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''18.It is true that section 19 of the Hindu Marriage Act, has been amended by insertion of proviso of (iii)(a) to section 19. Of Course, this amended section 19(iii)(a) gives special preference to the wife to file a petition or defending the case of the husband before the Court within whose jurisdiction she resides. The intention of the legislator is to safe-guard the interest and rights of the women, who are being subjected to

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harassment and cruelty. But this special preference conferred under section 19(iii)(a) of the Hindu Marriage Act shall not be used to wreck vengeance on the husband. There must be a justifiable cause to select the jurisdiction of the Court where she resides.''

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Considering the reasons stated in the affidavit and the convenience of the

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petitioner/wife taken into consideration, this Court is inclined to allow the

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Page 3 of 5

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

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TR CMP No. 570 of 2025

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petition pending on the file of the Family Court at Erode stands transferred to the Subordinate Court at Ambattur, Tiruvallur District.

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Accordingly, this Transfer Civil Miscellaneous Petition No.570 of 2025 stands allowed and F.C.O.P.No.179 of 2025 is withdrawn from the file of the Family Court, Erode and transferred to the file of the Subordinate Court, Ambattur, Tiruvallur District. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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23-09-2025

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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GSA

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