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Priya @ Shanmugapriya v. S.Karthick

Madras HC10 Sept 2025TR CMP/586/2024

Case brief

AI extract

What is this about?

Keywords: transfer petition; Section 24 CPC; H.M.O.P.; Family Court; Tiruvallur to Vellore; wife's convenience; hardship after separation; ex-parte respondent; service of notice complete; no costs; connected miscellaneous petition closed; Madras High Court; TR.C.M.P.; 2024-2025. Outcome: Wife's transfer petition allowed; H.M.O.P.No.112 of 2024 withdrawn from Family Court, Tiruvallur and transferred to Family Court, Vellore; respondent set ex-parte after completed service; no costs imposed.

What did the court decide?

Transfer petition allowed as prayed for: H.M.O.P.No.112 of 2024 withdrawn from the file of the Family Court, Tiruvallur and transferred to the file of the Family Court, Vellore; no costs; connected miscellaneous petition closed. ¶30

Priya @ Shanmugapriya Vs S.Karthick — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.112 of 2024 pending before the Family Court, Tiruvallur ought to be withdrawn and transferred to the Family Court, Vellore on the petitioner-wife's request.

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Court's answer

Finding merit in the petitioner's submissions after perusing the affidavit filed in support of the transfer petition, the court held there could be no impediment to allowing the transfer petition as prayed for, and accordingly withdrew H.M.O.P.No.112 of 2024 from the file of the Family Court, Tiruvallur and transferred it to the file of the Family Court, Vellore, with no costs, closing the connected miscellaneous petition.

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Ratio / Principle

On going through the affidavit filed in support of the transfer petition, the court found merit in the submissions made by the learned counsel for the petitioner.

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Detailed headnote1 paragraphs

Madras High Court (M. Jothiraman, J.; dated 10.09.2025) allowed TR.C.M.P.No.586 of 2024 (with connected C.M.P.No.12741 of 2024), a Transfer Civil Miscellaneous Petition filed by the petitioner-wife, Priya @ Shanmugapriya, under Section 24 of C.P.C., seeking withdrawal of H.M.O.P.No.112 of 2024 pending on the file of the Family Court, Tiruvallur and its transfer to the Family Court, Vellore. The respondent, S. Karthick, did not enter appearance despite completion of service of notice and was called and set ex-parte. Counsel for the petitioner submitted that after separation the petitioner and her child are under the care of her parents, that attending hearings at Tiruvallur was very difficult, and that no prejudice would be caused to the respondent if the transfer were allowed, failing which she would suffer great loss and untold hardship. On perusal of the affidavit and materials on record, the court found merit in the submissions, held there was no impediment to allowing the petition as prayed for, ordered the withdrawal and transfer of the case, awarded no costs, and closed the connected miscellaneous petition.

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TR.C.M.P.No.586 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.09.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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TR.C.M.P.No.586 of 2024 and C.M.P.No.12741 of 2024

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Priya @ Shanmugapriya ...Petitioner

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Vs.

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S.Karthick ...Respondent

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.112 of 2024 pending on the file of

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the Family Court, Tiruvallur, and transfer the same to the Hon'ble Family

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Court, Vellore.

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For Petitioner : Mr.D.Thirumoorthy

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For Respondent : No appearance

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ORDER

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This petition has been filed to withdraw H.M.O.P.No.112 of 2024

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pending on the file of the Family Court, Tiruvallur and transfer the same to the Family Court, Vellore.

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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.586 of 2024

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2.Heard the learned counsel for the petitioner and perused the

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materials available on record.

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3.The learned counsel for the petitioner would submit that the respondent has not chosen to enter appearance despite service of notice. I find that the service of notice has been completed on the respondent and the name of the respondent is also printed in the cause list for list of today's cases. The respondent is called and set ex-parte.

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4.Learned counsel for the petitioner would further submit that after separation, the petitioner and her child are under the care and support of her parents. Learned counsel further submits that the petitioner find it very difficult to go to Tiruvallur to attend the hearings. It is the specific contention of the learned counsel for the petitioner that no prejudice would be caused to the respondent, if the transfer request made by the petitioner/wife is acceded to and if decided otherwise, she would be put to great loss and untold hardship.

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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.586 of 2024

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5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner.

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6.In view of the above and also subsequent developments that have

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been highlighted by the learned counsel for the petitioner, there can be no impediment for TR.C.M.P.No.586 of 2024 being allowed as prayed for. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.112 of 2024 is hereby withdrawn from the file of the Family Court, Tiruvallur and transferred to the file of the Family Court, Vellore. No costs. Consequently, connected miscellaneous petition is closed.

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10.09.2025

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Index : Yes/ No Speaking (or) Non Speaking Order Neutral Citation: Yes/No pam

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