Allowed¶25

A.Sindhiya v. D.Sridharan

Madras HC4 Mar 2025TR CMP/605/2024

Case brief

AI extract

What is this about?

Section 24 CPC transfer petition; wife's convenience jurisdiction; HMOP.No.45 of 2022; Family Court Nagapattinam to Family Court Villupuram; petitioner resides at Thiruvennainallur, Villupuram with two children; dependent on parents; respondent/husband not maintaining family; respondent absent despite private notice (ex parte); Madras High Court; P.T. Asha J.; Tr. CMP.No.605 of 2024; C.M.P.No.13058 of 2024; decided 04.03.2025; transfer allowed, no costs.

What did the court decide?

HMOP.No.45 of 2022 pending on the file of the Family Court, Nagapattinam was withdrawn and transferred to the file of the Family Court at Villupuram; no costs imposed; connected Miscellaneous Petition closed. ¶25

A.Sindhiya Vs D.Sridharan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Transfer Civil Miscellaneous Petition filed by the petitioner/wife under Section 24 of the CPC should be allowed, so that HMOP.No.45 of 2022 is withdrawn from the file of the Family Court, Nagapattinam and transferred to the file of the Family Court at Villupuram, considering that she resides with her two children at Thiruvennainallur, Villupuram, is dependent on her parents, and is not maintained by the respondent/husband.

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Court's answer

Taking into account the stated circumstances (petitioner/wife residing at Thiruvennainallur, Villupuram with her two children, dependent on her parents, and the respondent/husband not maintaining the family nor appearing despite private notice), this Court found the request for transfer reasonable.

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Ratio / Principle

On finding the request reasonable, the Transfer Civil Miscellaneous Petition was allowed, and HMOP.No.45 of 2022 pending on the file of the Family Court, Nagapattinam was ordered to be withdrawn and transferred to the file of the Family Court at Villupuram.

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Key takeaways

No costs were imposed, and the connected Miscellaneous Petition (C.M.P.No.13058 of 2024) was consequently closed.ratio¶25

Detailed headnote1 paragraphs

Madras High Court (Ms. Justice P.T. ASHA, sole author) — Tr. CMP.No.605 of 2024 and C.M.P.No.13058 of 2024, order dated 04.03.2025: Transfer Petition filed by the petitioner/wife (A.Sindhiya) under Section 24 of the CPC seeking withdrawal of HMOP.No.45 of 2022 from the file of the Family Court, Nagapattinam and its transfer to the file of the Family Court at Villupuram was ALLOWED. Stated grounds: (i) the respondent/husband (D.Sridharan) is not maintaining the petitioner/wife and their children; (ii) the petitioner resides with her two children with her parents and is fully dependent on them; (iii) she resides at Thiruvennainallur, Villupuram and travel to Nagapattinam for hearings would be very difficult. The respondent, though served with a private notice, did not enter appearance in person or through counsel. Order passed with no costs; the connected Miscellaneous Petition was closed.

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Tr. CMP.No.605 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.03.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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Tr. CMP.No.605 of 2024 and

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C.M.P.No.13058 of 2024

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A.Sindhiya

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... Petitioner Vs.

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D.Sridharan ... Respondent

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Prayer:- Transfer Petition is filed under Section 24 of the CPC to allow this Transfer CMP and withdraw HMOP.No.45 of 2022 from the file of the Hon'ble Family Court, Nagapattinam and transfer it to the file of the Family Court at Villupuram.

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For Petitioner : M/s.Mythili Srinivas For Respondent : Private notice served -No appearance

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O R D E R

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The above Petition is filed to withdraw and transfer HMOP.No.45

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of 2022 pending on the file of Family Court, Nagapattinam to the Family Court at Villupuram.

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2 . Reasons for seeking the transfer are as follows:-

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

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Tr. CMP.No.605 of 2024

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(i) The respondent/husband is not maintaining the petitioner/wife

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and their children.

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(ii) The petitioner/wife along with her two children is residing with her parents and is fully dependent on them.

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(iii) The petitioner/wife is residing at Thiruvennainallur, Villupuram and it would be very difficult for her to travel all the way to Nagapattinam to attend the hearing of the case.

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3 . The respondent though served with a private notice has not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner.

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4 . In the above circumstances, the request for transfer appears reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP.No.45 of 2022 pending on the file of the Family Court, Nagapattinam is withdrawn and transferred to the file of the Family Court at Villupuram. No costs. Consequently, the connected Miscellaneous Petition is closed.

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04.03.2025

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(shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No

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2/4

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

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Tr. CMP.No.605 of 2024

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